In the Matter of Michael Dibattista v Patrick Mcdonough as Town Supervisor of the Town of Rosendale et

Motion No: 509365

Slip Opinion No: 2010 NY Slip Op 74017(U)

Decided on June 4, 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: June 4, 2010

Case # 509365

In the Matter of MICHAEL DiBATTISTA, Appellant, v PATRICK McDONOUGH, as Town Supervisor of the Town of Rosendale, et al., Respondents.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal for failure of prosecution.

Cross motion for extension of time to perfect appeal.

Upon the papers filed in support of the motion and the papers filed in support of the cross motion, it is

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve the record and brief on or before July 19, 2010, in which event the motion is denied, and it is further

ORDERED that the cross motion is granted, without costs, and the time to perfect the appeal is extended to July 19, 2010.
CARDONA, P.J., ROSE, LAHTINEN, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court