Louis G. Scism v Kevin A. Degroodt et



Louis G. Scism v Kevin A. Degroodt et
Motion No: 510806
Slip Opinion No: 2010 NY Slip Op 92097(U)
Decided on December 23, 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 23, 2010

Case # 510806


LOUIS G. SCISM,

Respondent,

v
KEVIN A. DeGROODT 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 February 22, 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