| Raymond G. Dutcher Jr. et v Edith E. Hockin Allen |
| Motion No: #512255 |
| Slip Opinion No: 2011 NY Slip Op 76616(U) |
| Decided on June 23, 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 23, 2011
Case #512255
RAYMOND G. DUTCHER JR. et al., Respondents, v
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, unless appellant shall file and serve
the record on appeal and brief on or before August 22, 2011, in which event the motion to dismiss the appeal is denied.
MERCURE, J.P.,
SPAIN, MALONE JR., KAVANAGH and McCARTHY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the
Court