| Lois Cerkowski et v Price Chopper Operating Company Inc. et |
| Motion No: 506504 |
| Slip Opinion No: 2009 NYSlipOp 69290(U) |
| Decided on April 8, 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: April 8, 2009
Case # 506504
LOIS CERKOWSKI et al., Appellants, v Respondents. | 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 June 15, 2009, in which event the motion is denied.
CARDONA, P.J., SPAIN, ROSE, LAHTINEN and KANE,
JJ., concur.
ENTER:
Michael J. Novack
Clerk of the Court