Amerisource Funding Inc. v Labello Catering Inc. Doing Business as Maestro's Restaurant et



Amerisource Funding Inc. v Labello Catering Inc. Doing Business as Maestro's Restaurant et
Motion No: 510788
Slip Opinion No: 2010 NY Slip Op 89111(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 # 510788


AMERISOURCE FUNDING, INC.,

Respondent,

v
LaBELLO CATERING, INC., Doing Business as MAESTRO'S RESTAURANT, et al.,

Appellants.


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