| In the Matter of Nrg Energy Inc. et v Empire Zone Designation Board et |
| Motion No: #514262 |
| Slip Opinion No: 2012 NY Slip Op 71535(U) |
| Decided on April 26, 2012 |
| 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: April 26, 2012
Case #514262
In the Matter of NRG ENERGY, INC., et al., Respondents, v
Appellants. |
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 June 15, 2012, in which event the motion to dismiss the appeal is denied.
PETERS, P.J.,
MERCURE, LAHTINEN, SPAIN and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the
Court