Martin Environmental Services Inc. v Albany Management Inc.

Motion No: 505199

Slip Opinion No: 2008 NYSlipOp 84849(U)

Decided on September 11, 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 11, 2008

Case # 505199

MARTIN ENVIRONMENTAL SERVICES, INC., Appellant, v ALBANY MANAGEMENT, 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 appellant shall file and serve the record and brief on or before October 14, 2008, in which event the motion is denied.
CARDONA, P.J., SPAIN, CARPINELLO, ROSE and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court