| In the Matter of Encore Funding L.l.c. v Bryan S. Russell Sr. as Executor of the Estate of Elaine T. Hickey Deceased |
| Motion No: 504841 |
| Slip Opinion No: 2008 NYSlipOp 78060(U) |
| Decided on July 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: July 1, 2008
Case #
504841
In the Matter of ENCORE FUNDING, L.L.C., Appellant, v Respondent. | 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 August 15, 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