Essex Insurance Company as Subrogee of Epsilon Zeta Alumni et v Dane Hunt and John Newell et

Essex Insurance Company as Subrogee of Epsilon Zeta Alumni et v Dane Hunt and John Newell et
Motion No: 505841
Slip Opinion No: 2008 NYSlipOp 92969(U)
Decided on December 17, 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 17, 2008

Case # 505841

ESSEX INSURANCE COMPANY, as Subrogee of Epsilon Zeta Alumni et al.,
Appellant,
v
DANE HUNT,
Defendant,
and
JOHN NEWELL et al.,
Respondents.

DECISION AND ORDER
ON MOTION

Motions 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 February 2, 2009, in which event the motions are denied.
CARDONA, P.J., PETERS, SPAIN, ROSE and LAHTINEN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court