Travis J. Bright an Infant by Gary Bright His Parent and Guardian et v Nancy E. Mcgowan et



Travis J. Bright an Infant by Gary Bright His Parent and Guardian et v Nancy E. Mcgowan et
Motion No: 505547
Slip Opinion No: 2008 NYSlipOp 89036(U)
Decided on November 5, 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: November 5, 2008

Case # 505547


TRAVIS J. BRIGHT, an Infant, by GARY BRIGHT, His Parent and Guardian, et al.,

Appellants,

v
NANCY E. McGOWAN et al.,

Respondents,

et al.,

Defendants.


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 appellants shall file and serve the record and brief on or before December 22, 2008, in which event the motion is denied.
CARDONA, P.J., PETERS, SPAIN, LAHTINEN and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court