| Harry Olds Jr. an Infant by His Parents Harry Olds Sr. et v St. Clare's Hospital et |
| Motion No: 505087 |
| Slip Opinion No: 2008 NYSlipOp 82631(U) |
| Decided on September 2, 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: September 2, 2008
Case # 505087
HARRY OLDS JR., an Infant, by His Parents, HARRY OLDS SR. et al., et al., Appellants, 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 appellants shall file and serve the
record and brief on or before October 17, 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