In the Matter of Suzanne Avery et v Sandra A. Aery as Assessor for the Town of Harrietstown et

Motion No: 505204

Slip Opinion No: 2008 NYSlipOp 85061(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 # 505204

In the Matter of SUZANNE AVERY et al., Appellants, v SANDRA A. AERY, as Assessor for the Town of Harrietstown, et al., Respondents.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal for failure of prosecution.

Cross motion for extension of time to perfect appeal.

Upon the papers filed in support of the motion and the papers filed in support of the cross motion, it is

ORDERED that the appeal is dismissed, without costs, unless appellants shall file and serve the record and brief on or before September 25, 2008, in which event the motion is denied, and it is further

ORDERED that the cross motion is granted, without costs, and the time to perfect the appeal is extended to September 25, 2008.
CARDONA, P.J., SPAIN, CARPINELLO, ROSE and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court