Wellsburg Truck & Auto Sales Inc. v People's State Bank of Wyalusing et



Wellsburg Truck & Auto Sales Inc. v People's State Bank of Wyalusing et
Motion No: 509486
Slip Opinion No: 2010 NY Slip Op 74019(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 # 509486


WELLSBURG TRUCK & AUTO SALES, INC.,

Appellant,

v
PEOPLE'S STATE BANK OF WYALUSING 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 August 3, 2010, in which event the motion is denied.
CARDONA, P.J., ROSE, LAHTINEN, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court