Borwegen Excavation & Repair Inc. v Anthony Nastasi et As Trustees of the Franklin D. Nastasi Trust et



Borwegen Excavation & Repair Inc. v Anthony Nastasi et As Trustees of the Franklin D. Nastasi Trust et
Motion No: 505355
Slip Opinion No: 2008 NYSlipOp 85314(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 # 505355


BORWEGEN EXCAVATION & REPAIR, INC.,

Respondent,

v
ANTHONY NASTASI et al., as Trustees of the FRANKLIN D. NASTASI TRUST, et al.,

Appellants.


DECISION AND ORDER
ON MOTION

Motion to dismiss appeal for failure of prosecution.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted by default, without costs.
CARDONA, P.J., SPAIN, CARPINELLO, ROSE and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court