In the Matter of the Estate of John Kevin Mclaughlin Deceased. John M. Thomas as Administrator Cta of the Estate of John Kevin Mclaughlin Deceased ; Fahime L. Mclaughlin



In the Matter of the Estate of John Kevin Mclaughlin Deceased. John M. Thomas as Administrator Cta of the Estate of John Kevin Mclaughlin Deceased ; Fahime L. Mclaughlin
Motion No: 510894
Slip Opinion No: 2010 NY Slip Op 92038(U)
Decided on December 17, 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 17, 2010

Case # 510894


In the Matter of the Estate of JOHN KEVIN McLAUGHLIN, Deceased.
JOHN M. THOMAS, as Administrator CTA of the Estate of JOHN KEVIN McLAUGHLIN, Deceased,

Respondent;


FAHIME L. McLAUGHLIN,

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 January 31, 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