Christine M. Stuto v Gregory G. Kerber et and William J. Mcneary Iii et



Christine M. Stuto v Gregory G. Kerber et and William J. Mcneary Iii et
Motion No: 508836
Slip Opinion No: 2010 NY Slip Op 66030(U)
Decided on March 17, 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: March 17, 2010

Case # 508836


CHRISTINE M. STUTO,

Appellant,

v
GREGORY G. KERBER et al.,

Plaintiffs,

and
WILLIAM J. McNEARY III et al.,

Respondents.


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 May 3, 2010, in which event the motion is denied.
CARDONA, P.J., PETERS, SPAIN, KAVANAGH and STEIN, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court