Shaun Matarazzo v Ellis Hospital

Motion No: 508038

Slip Opinion No: 2009 NY Slip Op 88481(U)

Decided on November 6, 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: November 6, 2009

Case # 508038

SHAUN MATARAZZO, Appellant, v ELLIS HOSPITAL, 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 January 5, 2010, in which event the motion is denied.
CARDONA, P.J., MERCURE, ROSE, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court