| Franz Bigec v Hamid Azizur Rehman et |
| Motion No: 510024 |
| Slip Opinion No: 2010 NY Slip Op 81860(U) |
| Decided on September 3, 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: September 3, 2010
Case #
510024
FRANZ BIGEC, Appellant, v Respondents. |
DECISION AND ORDER ON MOTION |
Motions to dismiss appeal for failure of prosecution.
Upon the papers filed in support of the motions and the
papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal as against respondents Hamid Azizur Rehman
and Amsterdam Memorial Hospital is granted by default, without costs (see CPLR 2214 [b]; Thermo Spas v Red Ball Spas & Baths, 199 AD2d
605, 606 [1993]), and it is further
ORDERED that the appeal as against respondents Robert Droege and Ronald Marsh is dismissed,
without costs, unless appellant shall file and serve the record and brief on or before October 18, 2010, in which event the motions by such
respondents are denied.
CARDONA, P.J., ROSE, LAHTINEN, MALONE JR. and KAVANAGH, JJ.,
concur.
ENTER:
Michael J. Novack
Clerk of the Court