Harriet Miller v Bay State Elevator Company et and Village of Lake Placid



Harriet Miller v Bay State Elevator Company et and Village of Lake Placid
Motion No: 506760
Slip Opinion No: 2009 NY Slip Op 72562(U)
Decided on May 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: May 8, 2009

Case # 506760


HARRIET MILLER,

Appellant,

v
BAY STATE ELEVATOR COMPANY et al.,

Defendants,

and
VILLAGE OF LAKE PLACID,

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 appellant shall file and serve the record and brief on or before June 22, 2009, in which event the motion is denied.
CARDONA, P.J., MERCURE, PETERS, SPAIN and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court