Emerald Green Property Owners Association Inc. v Jada Developers LLC



Emerald Green Property Owners Association Inc. v Jada Developers LLC
Motion No: 505333
Slip Opinion No: 2008 NYSlipOp 85242(U)
Decided on September 22, 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 22, 2008

Case # 505333


EMERALD GREEN PROPERTY OWNERS ASSOCIATION, INC.,

Respondent,

v
JADA DEVELOPERS, LLC,

Appellant.


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 22, 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