Nancy Mills v David Mills.

Motion No: 504573

Slip Opinion No: 2008 NYSlipOp 88490(U)

Decided on October 29, 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: October 29, 2008

Case # 504573

NANCY MILLS, Respondent, v DAVID MILLS, 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 his record on appeal and brief on or before December 15, 2008, in which event the motion to dismiss the appeal is denied.
CARDONA, P.J., MERCURE, ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court