Leah S. Cirillo v Nannie M. Swan



Leah S. Cirillo v Nannie M. Swan
Motion No: #513058
Slip Opinion No: 2011 NY Slip Op 88327(U)
Decided on October 27, 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: October 27, 2011

Case #513058


LEAH S. CIRILLO,

Appellant,

v


NANNIE M. SWAN,

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 appellant shall file and serve the record on appeal and brief on or before December 27, 2011, in which event the motion to dismiss is denied.
MERCURE, J.P., MALONE JR., STEIN and McCARTHY, JJ., concur.


ENTER:
Robert D. Mayberger
Clerk of the Court