Barbara Colley as Executor of the Estate of Nicholas T. Sbarra v Angelos P. Romas.

Barbara Colley as Executor of the Estate of Nicholas T. Sbarra v Angelos P. Romas.
Motion No: 508276
Slip Opinion No: 2009 NY Slip Op 92270(U)
Decided on December 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: December 17, 2009

Case # 508276

BARBARA COLLEY, as Executor of the Estate of NICHOLAS T. SBARRA,
Respondent,
v
ANGELOS P. ROMAS,
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 on appeal and brief on or before February 16, 2010, in which event the motion to dismiss the appeal is denied.
CARDONA, P.J., MERCURE, PETERS, ROSE and STEIN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court