John P. Turkow et v Security Mutual Insurance Company.



John P. Turkow et v Security Mutual Insurance Company.
Motion No: #512577
Slip Opinion No: 2011 NY Slip Op 81440(U)
Decided on August 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: August 12, 2011

Case #512577


JOHN P. TURKOW et al.,

Respondents,

v


SECURITY MUTUAL INSURANCE COMPANY,

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 and brief on or before October 11, 2011, in which event the motion to dismiss for failure of prosecution is denied, and it is further

ORDERED that the motion to dismiss the appeal on the ground that the notice of appeal is defective and insufficient is denied, without costs.
LAHTINEN, J.P., MALONE JR., KAVANAGH, STEIN and GARRY, JJ., concur.


ENTER:
Robert D. Mayberger
Clerk of the Court