In the Matter of Shop-rite Supermarkets Inc. et Petitioner v Planning Board of the Town of Wawarsing et Al



In the Matter of Shop- rite Supermarkets Inc. et Petitioner v Planning Board of the Town of Wawarsing et Al
Motion No: 509710
Slip Opinion No: 2010 NY Slip Op 77818(U)
Decided on July 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: July 19, 2010

Case # 509710


In the Matter of SHOP-RITE SUPERMARKETS, INC., et al.,

Appellants,

et al.,

Petitioner,

v
PLANNING BOARD OF THE TOWN OF WAWARSING et al.,

Respondents.
(And Another Related Action.)


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 September 17, 2010, in which event the motion is denied.
CARDONA, P.J., SPAIN, KAVANAGH, STEIN and McCARTHY, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court