In the Matter of Laura M. Fitzpatrick v Kerrie D. Hollenbeck Jr.



In the Matter of Laura M. Fitzpatrick v Kerrie D. Hollenbeck Jr.
Motion No: #511822
Slip Opinion No: 2011 NY Slip Op 68695(U)
Decided on March 31, 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: March 31, 2011

Case #511822


In the Matter of LAURA M. FITZPATRICK,

Respondent,

v


KERRIE D. HOLLENBECK JR.,

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, on the grounds that appellant has failed to set forth facts showing merit of the appeal as required by Section 800.12 of this Court's Rules of Practice.
MERCURE, J.P., MALONE JR., KAVANAGH, McCARTHY and GARRY, JJ., concur.


ENTER:
Robert D. Mayberger
Clerk of the Court