Opinion
523453
08-25-2016
RAYMOND C. AXTELL et al., Appellants, v. RONALD E. AXTELL, Defendant, and NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent.
DECISION AND ORDER ON MOTION
Motion to dismiss appeal for failure of prosecution.
Cross motion for extension of time to perfect appeal.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED the appeal is dismissed, without costs, unless appellants shall file and serve a record on appeal and brief on or before October 24, 2016 in which event the motion to dismiss is denied, and it is further
ORDERED that the cross motion is granted, without costs, and the time to perfect the appeal is extended to October 24, 2016.
Peters, P.J., McCarthy, Egan Jr. and Lynch, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court