In the Matter of Rite Aid of New York v Assesor of Town of Colonie et

Motion No: 504413

Slip Opinion No: 2008 NYSlipOp 70854(U)

Decided on April 25, 2008

Appellate Division, Third Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Decided and Entered: April 25, 2008

Case # 504413

In the Matter of RITE AID OF NEW YORK, Appellant, v ASSESOR OF TOWN OF COLONIE et al., Respondents.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal for failure of prosecution.

Cross motion for extension of time to perfect appeal.

Upon the papers filed in support of the motion and the papers filed in support of the cross motion, it is

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve the record and brief on or before June 9, 2008, in which event the motion is denied, and it is further

ORDERED that the cross motion is granted, without costs, and the time to perfect the appeal is extended to June 9, 2008.
CARDONA, P.J., MERCURE, PETERS, CARPINELLO and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court