Debra J. Chapman v Ervin Mackrell Individually and as Owner of Better Homes Construction et

Motion No: #513293

Slip Opinion No: 2011 NY Slip Op 91378(U)

Decided on December 1, 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: December 1, 2011

Case #513293

DEBRA J. CHAPMAN, Appellant, v ERVIN MACKRELL, Individually and as Owner of BETTER HOMES CONSTRUCTION, et al., 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 appellant shall file and serve the record on appeal and brief on or before February 29, 2012, in which event the motion to dismiss is denied.
MERCURE, J.P., PETERS, ROSE, LAHTINEN and GARRY, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court