Roger Mccormick et - v David Bechtol et -.

Motion No: 506411

Slip Opinion No: 2009 NYSlipOp 68566(U)

Decided on March 27, 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 27, 2009

Case # 506411

ROGER McCORMICK et al., Appellants- Respondents, v DAVID BECHTOL et al., Respondents-Appellants.

DECISION AND ORDER ON MOTION

Motion to dismiss cross appeals.

Cross motion to dismiss appeal for failure of prosecution.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the cross appeals is denied, without costs, and it is further

ORDERED that the appeal is dismissed, without costs, unless plaintiffs shall file and serve the record and brief on or before May 26, 2009, in which event the cross motion is denied.
PETERS, J.P., SPAIN, MALONE JR., KAVANAGH and STEIN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court