First Empire N.Y. Realty Corp. v. Toomey

Full title: FIRST EMPIRE NEW YORK REALTY CORPORATION, Respondent, v. MARYANN TOOMEY et…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Apr 17, 2014

2014 N.Y. Slip Op. 69762 (N.Y. App. Div. 2014)

Opinion

Motion No: 518569

04-17-2014

FIRST EMPIRE NEW YORK REALTY CORPORATION, Respondent, v. MARYANN TOOMEY et al., as Co-Executors of the Estate of ALFRED INGBER SCHULMAN, Deceased, et al., Appellants.

Peters

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 7, 2014, in which event the motion to dismiss is denied.

Peters, P.J., Lahtinen, McCarthy and Rose, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court