| Steven Moffatt et Individually and as Parents and Guardians of Tyler Moffatt an Infant v North Colonie Central School District et |
| Motion No: 509875 |
| Slip Opinion No: 2010 NY Slip Op 78096(U) |
| Decided on July 27, 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 27, 2010
Case #
509875
STEVEN MOFFATT et al., Individually and as Parents and Guardians of TYLER MOFFATT, an Infant, Appellants, v Respondent, et
al., Defendant. |
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 27, 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