A. Paul Benaquista v Walter T. Burke.

Motion No: 507586

Slip Opinion No: 2009 NY Slip Op 82371(U)

Decided on September 3, 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: September 3, 2009

Case # 507586

A. PAUL BENAQUISTA, Appellant, v WALTER T. BURKE, 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 appellant shall file and serve the record and brief on or before October 19, 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