Rebecca Potter v Daniel Maclean et

Motion No: 507815

Slip Opinion No: 2010 NY Slip Op 61033(U)

Decided on January 8, 2010

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: January 8, 2010

Case # 507815

REBECCA POTTER, Respondent, v DANIEL MACLEAN, Appellant, et al., Defendant.

DECISION AND ORDER ON MOTION

Motion to vacate stay granted by order entered October 22, 2009 and 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 motion to vacate the stay is denied, without costs, and without prejudice to renewal in the event the appeal is not perfected on or before February 8, 2010, and it is further

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve the record and brief on or before February 8, 2010, in which event the motion to dismiss the appeal is denied.
MERCURE, J.P., ROSE, MALONE JR., KAVANAGH and STEIN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court