Granite Capital Holdings Inc. Doing Business as Mirabito Fuel Group Now Known as Mirabito Holdings Inc. Doing Business as Mirabito Energy Products v Sherburne-earlville Central School District

Granite Capital Holdings Inc. Doing Business as Mirabito Fuel Group Now Known as Mirabito Holdings Inc. Doing Business as Mirabito Energy Products v Sherburne-earlville Central School District
Motion No: 510584
Slip Opinion No: 2010 NY Slip Op 86702(U)
Decided on October 27, 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 27, 2010

Case # 510584

GRANITE CAPITAL HOLDINGS, INC., Doing Business as MIRABITO FUEL GROUP, Now Known as MIRABITO HOLDINGS, INC., Doing Business as MIRABITO ENERGY PRODUCTS,
Respondent,
v
SHERBURNE-EARLVILLE CENTRAL SCHOOL DISTRICT,
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 December 13, 2010, in which event the motion is denied.
CARDONA, P.J., PETERS, MALONE JR., KAVANAGH and STEIN, JJ., concur.
ENTER:

Michael J. Novack
Clerk of the Court