| Belinda Mcnally et v Kiki Inc. Doing Business as the Hillside Manor Restaurant |
| Motion No: #512256 |
| Slip Opinion No: 2011 NY Slip Op 78404(U) |
| Decided on July 14, 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: July 14, 2011
Case #512256
BELINDA MCNALLY et al., Appellants, v
Respondent. |
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 appellants shall file and serve the
record on appeal and brief on or before September 12, 2011, in which event the motion to dismiss is denied.
MERCURE, J.P., ROSE,
MALONE JR., STEIN and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the
Court