Penelope L. Sullivan et v James E. Taylor et and Frank J. Mayville et

Motion No: 510493

Slip Opinion No: 2010 NY Slip Op 86635(U)

Decided on October 26, 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: October 26, 2010

Case # 510493

PENELOPE L. SULLIVAN et al., Respondents, v JAMES E. TAYLOR et al., Appellants, and FRANK J. MAYVILLE et al., Respondents, et al., Defendants.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal for failure of prosecution and for sanctions, costs and expenses.

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 on appeal and brief on or before November 26, 2010, in which event the motion to dismiss the appeal is denied, and it is further

ORDERED that the motion for sanctions, costs and expenses is denied, without costs.
CARDONA, P.J., MERCURE, MALONE JR., STEIN and EGAN JR., JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court