Joseph Janicelli v City of New York

Motion No: #512002

Slip Opinion No: 2011 NY Slip Op 72699(U)

Decided on May 12, 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: May 12, 2011

Case #512002

JOSEPH JANICELLI, Respondent, v CITY OF NEW YORK, 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 response thereto, it is

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve the record on appeal and brief on or before July 11, 2011, in which event the motion to dismiss the appeal is denied.
MERCURE, J.P., PETERS, ROSE, MALONE JR. and KAVANAGH, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court