Norma Matias v Brian Confer

Motion No: 507602

Slip Opinion No: 2009 NY Slip Op 84319(U)

Decided on September 17, 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 17, 2009

Case # 507602

NORMA MATIAS, Appellant, v BRIAN CONFER, Respondent. (And a Third-Party Action.)

DECISION AND ORDER ON MOTION

Motion to dismiss appeal from order entered January 13, 2009 for failure of prosecution.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that such appeal is dismissed, without costs, unless appellant shall file and serve the record and brief on or before November 2, 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