| Mark A. Naples et v Gregg R. Olin and Judy M. Overholt et |
| Motion No: 510654 |
| Slip Opinion No: 2010 NY Slip Op 89108(U) |
| Decided on November 24, 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: November 24, 2010
Case # 510654
MARK A. NAPLES et al., Appellants, v
Defendant, and Respondents. |
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 January 10, 2011, in which event the motion is denied.
CARDONA, P.J., MERCURE, ROSE, KAVANAGH
and McCARTHY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court