In the Matter of Ithaca City School District v City of Ithaca et



In the Matter of Ithaca City School District v City of Ithaca et
Motion No: 510050
Slip Opinion No: 2010 NY Slip Op 80806(U)
Decided on August 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: August 27, 2010

Case # 510050


In the Matter of ITHACA CITY SCHOOL DISTRICT,

Respondent,

v
CITY OF ITHACA et al.,

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 September 27, 2010, in which event the motion is denied.
CARDONA, P.J., MERCURE, SPAIN, MALONE JR. and STEIN, JJ., concur.
ENTER:



Michael J. Novack
Clerk of the Court