Gabrielle Compolongo an Infant by Rhoda Compolongo Her Mother and Guardian et v Thomas W. Nicolas



Gabrielle Compolongo an Infant by Rhoda Compolongo Her Mother and Guardian et v Thomas W. Nicolas
Motion No: 506431
Slip Opinion No: 2009 NYSlipOp 68570(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 # 506431


GABRIELLE COMPOLONGO, an Infant, by RHODA COMPOLONGO, Her Mother and Guardian, et al.,

Appellants,

v
THOMAS W. NICOLAS,

Respondent.


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 11, 2009, in which event the motion is denied.
CARDONA, P.J., MERCURE, SPAIN, LAHTINEN and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court