K-3 Builders of Fine Homes Inc. v Andrea Nussinow



K-3 Builders of Fine Homes Inc. v Andrea Nussinow
Motion No: 506044
Slip Opinion No: 2009 NYSlipOp 61704(U)
Decided on January 21, 2009
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: January 21, 2009

Case # 506044


K-3 BUILDERS OF FINE HOMES, INC.,

Respondent,

v
ANDREA NUSSINOW,

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 March 23, 2009, in which event the motion is denied.
CARDONA, P.J., MERCURE, ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court