In the Matter of the Estate of Clara M. Malone Deceased. Carol J. Cartwright et ; James R. Murley Jr.



In the Matter of the Estate of Clara M. Malone Deceased. Carol J. Cartwright et ; James R. Murley Jr.
Motion No: 509361
Slip Opinion No: 2010 NY Slip Op 71332(U)
Decided on May 7, 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: May 7, 2010

Case # 509361


In the Matter of the Estate of CLARA M. MALONE, Deceased.
CAROL J. CARTWRIGHT et al.,

Respondents;


JAMES R. MURLEY JR.,

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 and brief on or before June 21, 2010, in which event the motion is denied.
CARDONA, P.J., PETERS, MALONE JR., KAVANAGH and STEIN, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court