In the Matter of the Estate of John R. Sims Deceased. Sue Nichols ; John R. Sims Jr.



In the Matter of the Estate of John R. Sims Deceased. Sue Nichols ; John R. Sims Jr.
Motion No: 503895
Slip Opinion No: 2008 NYSlipOp 74772(U)
Decided on June 5, 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: June 5, 2008

Case # 503895


In the Matter of the Estate of JOHN R. SIMS, Deceased.
SUE NICHOLS,

Respondent;
JOHN R. SIMS JR.,

Appellant.


DECISION AND ORDER
ON MOTION

Motion to dismiss appeal for failure of prosecution.

Upon the papers filed in support of the 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 July 7, 2008, in which event the motion is denied.
CARDONA, P.J., PETERS, SPAIN, LAHTINEN and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court