Kathleen Gillis et v Herzog Supply Company Inc. et



Kathleen Gillis et v Herzog Supply Company Inc. et
Motion No: 516826
Slip Opinion No: 2013 NY Slip Op 78286(U)
Decided on June 27, 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: June 27, 2013516826


KATHLEEN GILLIS et al.,

Appellants,

v


HERZOG SUPPLY COMPANY, INC., 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 appellants shall file and serve a record on appeal and brief on or before August 26, 2013, in which event the motion to dismiss is denied.
PETERS, P.J., STEIN, McCARTHY and EGAN JR., JJ., concur.


ENTER:
Robert D. Mayberger
Clerk of the Court