Realty Usa Capital District Agency Inc. v Dale Daggett et and Lake George Land Conservancy Inc.

Motion No: 506842

Slip Opinion No: 2009 NY Slip Op 75543(U)

Decided on June 16, 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: June 16, 2009

Case # 506842

REALTY USA CAPITAL DISTRICT AGENCY, INC., Plaintiff, v DALE DAGGETT et al., Appellants, and LAKE GEORGE LAND CONSERVANCY, INC., 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 July 31, 2009, in which event the motion is denied.
CARDONA, P.J., PETERS, SPAIN, LAHTINEN and KANE, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court