| Michael Lopes as Administrator of the Estate of Michaella K. Lopes Deceased v William H. Bain Iii |
| Motion No: 510209 |
| Slip Opinion No: 2010 NY Slip Op 82561(U) |
| Decided on September 15, 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 15, 2010
Case #
510209
MICHAEL LOPES, as Administrator of the Estate of MICHAELLA K. LOPES, Deceased, Appellant, v |
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 November 15, 2010, in which event the motion is denied.
CARDONA, P.J., ROSE, LAHTINEN, MALONE
JR. and KAVANAGH, JJ., concur.
ENTER:
Michael J. Novack
Clerk of the Court