| In the Matter of Matthew C. Hug as Special Prosecutor v County of Rensselaer |
| Motion No: 512218 |
| Slip Opinion No: 2011 NY Slip Op 75982(U) |
| Decided on June 16, 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: June 16, 2011
Case # 512218
In the Matter of MATTHEW C. HUG, as Special Prosecutor, Respondent, v
Appellant. |
DECISION AND ORDER ON MOTION |
Motion to dismiss appeal.
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 appellant shall file and serve the record on appeal and brief
on or before August 15, 2011, in which event the motion to dismiss the appeal for failure of prosecution is denied, and it is
further
ORDERED that the motion to dismiss the appeal on the grounds that it is unappealable and unpreserved and frivolous is denied,
without costs, and without prejudice to the issues involved being raised upon the argument of the appeal.
MERCURE, J.P., SPAIN,
MALONE JR., KAVANAGH and McCARTHY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the
Court