Kenneth C. Beardslee et v Cornell University et Al

Motion No: 507794

Slip Opinion No: 2009 NY Slip Op 84984(U)

Decided on October 1, 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: October 1, 2009

Case # 507794

KENNETH C. BEARDSLEE et al., Respondents, v CORNELL UNIVERSITY et al., Appellants. (And a Third-Party Action.)

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 November 2, 2009, in which event the motion is denied.
CARDONA, P.J., SPAIN, LAHTINEN, KANE and MALONE JR., JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court