| Joseph E. Calderone v Harold L. Wiemeier Jr. |
| Motion No: 508659 |
| Slip Opinion No: 2010 NY Slip Op 63165(U) |
| Decided on February 11, 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 11, 2010
Case # 508659
JOSEPH E. CALDERONE, Appellant, v 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 April 12, 2010, in which event the motion is denied.
CARDONA, P.J., SPAIN, MALONE JR., KAVANAGH
and STEIN, JJ., concur.
ENTER:
Michael J. Novack
Clerk of the Court