In the Matter of Aaron Scalzo v Danielle A. Nichols -------------------------------------------------- in the Matter of Danielle A. Nichols v Aaron Scalzo (Proceeding No. 2

Motion No: 509422

Slip Opinion No: 2010 NY Slip Op 72256(U)

Decided on May 19, 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 19, 2010

Case # 509422

In the Matter of AARON SCALZO, Appellant, v DANIELLE A. NICHOLS, Respondent. (Proceeding No. 1.) --------------------------- ----------------------- In the Matter of DANIELLE A. NICHOLS, Respondent, v AARON SCALZO, Appellant. (Proceeding No. 2.)

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 July 2, 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