Whiteman Osterman & Hanna Llp v Albany-troy Neurosurgical Associates P.c. et Al



Whiteman Osterman & Hanna Llp v Albany-troy Neurosurgical Associates P.c. et Al
Motion No: 508593
Slip Opinion No: 2010 NY Slip Op 63122(U)
Decided on February 5, 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: February 5, 2010

Case # 508593


WHITEMAN OSTERMAN & HANNA LLP,

Respondent,

v
ALBANY-TROY NEUROSURGICAL ASSOCIATES, P.C., 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, is it

ORDERED that the appeal is dismissed, without costs, unless appellants shall file and serve the record on appeal and brief on or before March 15, 2010, in which event the motion to dismiss the appeal is denied.
CARDONA, P.J., SPAIN, MALONE JR., KAVANAGH and STEIN, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court