Willis E. Sears et v First Pioneer Farm Credit Aca and Third-party -; Willis Sears Third-party - et Third- party

Motion No: 510187

Slip Opinion No: 2010 NY Slip Op 81377(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 # 510187

WILLIS E. SEARS et al., Appellants, v FIRST PIONEER FARM CREDIT, ACA, Defendant and Third-Party Plaintiff-Respondent; WILLIS SEARS, Third-Party Defendant- Appellant, et al., Third-Party Defendants.

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 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