| Kevin Dalaba v City of Schenectady and Edison Realty Land Developers LLC |
| Motion No: 505354 |
| Slip Opinion No: 2008 NYSlipOp 85313(U) |
| Decided on September 26, 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 26,
2008
Case # 505354
KEVIN DALABA, Respondent, v Defendant, and 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 November 10, 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