| In the Matter of Capital District Regional Off-track Betting Corporation et v New York State Racing and Wagering Board et |
| Motion No: #512595 |
| Slip Opinion No: 2011 NY Slip Op 91292(U) |
| Decided on November 25, 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: November 25, 2011
Case
#512595
In the Matter of CAPITAL DISTRICT REGIONAL OFF-TRACK BETTING CORPORATION et al., Appellants, v
Respondents. |
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 January 24, 2012, in which event the motion to dismiss is denied.
MERCURE, J.P., SPAIN,
MALONE JR., KAVANAGH and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the
Court