In the Matter of Solomon and Solomon P.c. v New York State Higher Education Services Corporation



In the Matter of Solomon and Solomon P.c. v New York State Higher Education Services Corporation
Motion No: 507487
Slip Opinion No: 2009 NY Slip Op 81655(U)
Decided on August 19, 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: August 19, 2009

Case # 507487


In the Matter of SOLOMON AND SOLOMON, P.C.,

Respondent,

v
NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION,

Appellant.


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 October 5, 2009, in which event the motion is denied.
CARDONA, P.J., MERCURE, PETERS, LAHTINEN and KANE, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court