| Ella L. Barlow et v Julie Spaziani et and Lynn J. Devlin |
| Motion No: 505241 |
| Slip Opinion No: 2008 NYSlipOp 91069(U) |
| Decided on December 3, 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: December 3, 2008
Case # 505241
ELLA L. BARLOW et al., Respondents, v Defendants, 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 January 20, 2009, in which event the motion is denied.
CARDONA, P.J., PETERS, SPAIN, ROSE and
LAHTINEN, JJ., concur.
ENTER:
Michael J. Novack
Clerk of the Court