| In the Matter of Michael E. Costello v Andrea C. Dupuis |
| Motion No: 509787 |
| Slip Opinion No: 2011 NY Slip Op 63147(U) |
| Decided on February 3, 2011 |
| 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: February 3, 2011
Case # 509787
In the Matter of MICHAEL E. COSTELLO, Appellant, v
Respondent. |
DECISION AND ORDER ON MOTION |
Application to dismiss appeal for failure of prosecution.
Upon the papers filed in support of the application
and the papers filed in opposition thereto, it is
ORDERED that the appeal is dismissed unless appellant shall file and serve the record on
appeal and brief on or before February 22, 2011, in which event the application to dismiss is denied.
MERCURE, J.P., PETERS, STEIN,
McCARTHY and GARRY, JJ., concur
ENTER:
Robert D. Mayberger
Clerk of the Court