In the Matter of Jylinah Ii. and Another Alleged to Be Neglected Children. Sullivan County Department of Family Services ; Rahiem Ii.

In the Matter of Jylinah Ii. and Another Alleged to Be Neglected Children. Sullivan County Department of Family Services ; Rahiem Ii.
Motion No: 509958
Slip Opinion No: 2010 NY Slip Op 81374(U)
Decided on August 30, 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 30, 2010

Case # 509958

In the Matter of JYLINAH II. and Another, Alleged to be Neglected Children.
SULLIVAN COUNTY DEPARTMENT OF FAMILY SERVICES,
Respondent;
RAHIEM II.,
Appellant.

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 appellant shall file and serve the record and brief on or before October 29, 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