| Robert Lesica & Kimberly Gasco v Scott Tree Co., Inc. |
| Motion No: 2010-00802 nc |
| Slip Opinion No: 2010 NY Slip Op 79848(U) |
| Decided on August 3, 2010 |
| Appellate Term, Second 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
MELVYN TANENBAUM
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| Robert Lesica and Kimberly Gasco, Respondents, v Scott Tree Company, Inc., Appellant. |
Motion by respondents to dismiss an appeal from a judgment of the District Court of Nassau County, First District, entered October 29, 2009.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is,
ORDERED that the motion by respondents to dismiss the appeal for failure to prosecute is granted.
ENTER:
Francis A. Nicolai
Presiding Justice