Ludmila Futyma et v Emma Hebert et



Ludmila Futyma et v Emma Hebert et
Motion No: 510830
Slip Opinion No: 2010 NY Slip Op 90340(U)
Decided on December 3, 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: December 3, 2010

Case # 510830


LUDMILA FUTYMA et al.,
Appellants,

v
EMMA HEBERT et al.,
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 18, 2011, in which event the motion is denied.
CARDONA, P.J., SPAIN, LAHTINEN, MALONE JR. and McCARTHY, JJ., concur.
ENTER:


Robert D. Mayberger
Clerk of the Court