Michael Mullany et v Munchkin Enterprises Ltd. and Masullo Brothers Builders Inc.



Michael Mullany et v Munchkin Enterprises Ltd. and Masullo Brothers Builders Inc.
Motion No: 507391
Slip Opinion No: 2009 NY Slip Op 79621(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 # 507391


MICHAEL MULLANY et al.,

Appellants,

v
MUNCHKIN ENTERPRISES, LTD., et al.,

Defendants,

and
MASULLO BROTHERS BUILDERS, 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 August 24, 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