| Albert Sorbello v Birchez Associates LLC et |
| Motion No: 505062 |
| Slip Opinion No: 2008 NYSlipOp 82550(U) |
| Decided on August 21, 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: August 21, 2008
Case #
505062
ALBERT SORBELLO, Appellant, v Respondent, et al., Defendant. | 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 October 20, 2008, in which event the motion is denied.
CARDONA, P.J., PETERS, SPAIN, ROSE and
LAHTINEN, JJ., concur.
ENTER:
Michael J. Novack
Clerk of the Court