| Sean Fallon et v Flach Development & Realty Inc. |
| Motion No: 507375 |
| Slip Opinion No: 2009 NY Slip Op 79620(U) |
| Decided on July 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: July 29, 2009
Case # 507375
SEAN FALLON et al., Appellants, v 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 September 28, 2009, in which event the motion is denied.
CARDONA, P.J., PETERS, SPAIN, ROSE and
KANE, JJ., concur.
ENTER:
Michael J. Novack
Clerk of the Court