Raymond Baker v Town of Niskayuna et



Raymond Baker v Town of Niskayuna et
Motion No: 506822
Slip Opinion No: 2009 NY Slip Op 74238(U)
Decided on May 29, 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 29, 2009

Case # 506822


RAYMOND BAKER,

Appellant,

v
TOWN OF NISKAYUNA et al.,

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 appellant shall file and serve the record and brief on or before July 13, 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