| Marc Mittelmark - v County of Saratoga - and Riverview Realty LLC et |
| Motion No: 510917 |
| Slip Opinion No: 2010 NY Slip Op 92098(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 # 510917
MARC MITTELMARK, Appellant-
Respondent, v Respondent-Appellant, and Respondent, et al., Defendant. |
|
Motion by respondent to dismiss appeal of appellant-respondent for failure of prosecution.
Upon the papers
filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that said appeal is dismissed, without costs,
unless it is perfected 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