| In the Matter of Health Care Reit Inc. et Individually and on Behalf of All Similarly Situated Property Owners in the Town of Oneonta v Assessor of the Town of Oneonta et |
| Motion No: 509583 |
| Slip Opinion No: 2010 NY Slip Op 74020(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 # 509583
In the Matter of HEALTH CARE REIT, INC., et al., Individually and on Behalf of All Similarly Situated Property Owners in the Town of Oneonta, Respondents, v Appellants. |
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 appellants shall file and serve the
record and brief on or before July 19, 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