| In the Matter of Birchwood Neighborhood Association by its President Wallace Krawitzky et v Planning Board of the Town of Colonie et |
| Motion No: 516284 |
| Slip Opinion No: 2013 NY Slip Op 68900(U) |
| Decided on March 28, 2013 |
| 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: March 28,
2013516284
In the Matter of BIRCHWOOD NEIGHBORHOOD ASSOCIATION, by its President WALLACE KRAWITZKY, 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 a
record on appeal and brief on or before May 28, 2013, in which event the motion to dismiss is denied.
PETERS, P.J., MERCURE, ROSE,
STEIN and SPAIN, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court