Town of Essex et v Lewis Family Farm Inc.



Town of Essex et v Lewis Family Farm Inc.
Motion No: 504914
Slip Opinion No: 2008 NYSlipOp 78682(U)
Decided on July 18, 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 18, 2008

Case # 504914


TOWN OF ESSEX et al.,

Appellants,

v
LEWIS FAMILY FARM, INC.,

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 appellants shall file and serve the record and brief on or before September 16, 2008, in which event the motion is denied.
CARDONA, P.J., MERCURE, CARPINELLO, ROSE and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court