Voss J. Fernandes et v Betty S. Morgan et and Leander Morgan and Third-party -; Eric Gabrielson et Third-party -



Voss J. Fernandes et v Betty S. Morgan et and Leander Morgan and Third-party -; Eric Gabrielson et Third-party -
Motion No: 504486
Slip Opinion No: 2008 NYSlipOp 71561(U)
Decided on May 1, 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: May 1, 2008

Case # 504486


VOSS J. FERNANDES et al.,

Plaintiffs,

v
BETTY S. MORGAN et al.,

Defendants,

and
LEANDER MORGAN,

Defendant and Third-Party

Plaintiff-Appellant;
ERIC GABRIELSON et al.,

Third-Party Defendants-

Respondents.


DECISION AND ORDER
ON MOTION

Motion and cross motion to dismiss appeal for failure of prosecution.

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

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve the record and brief on or before June 16, 2008, in which event the motion and cross motion are denied.
CARDONA, P.J., MERCURE, PETERS, CARPINELLO and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court