Donald Fillioe v Mark R. Vaughan et

Motion No: 505835

Slip Opinion No: 2008 NYSlipOp 92950(U)

Decided on December 12, 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 12, 2008

Case # 505835

DONALD FILLIOE, Respondent, v MARK R. VAUGHAN 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 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 January 9, 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