In the Matter of Harris Bay Yacht Club Inc. v Town of Queensbury et



In the Matter of Harris Bay Yacht Club Inc. v Town of Queensbury et
Motion No: 506307
Slip Opinion No: 2009 NYSlipOp 65786(U)
Decided on March 3, 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: March 3, 2009

Case # 506307


In the Matter of HARRIS BAY YACHT CLUB, INC.,

Respondent,

v
TOWN OF QUEENSBURY 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 May 4, 2009, 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