Opinion
Motion No: 526279
03-08-2018
INNOVATION ASSOCIATION, INC., Respondent, v. FILBIN PAINTING, INC., Appellant. (And a Third-Party Action.)
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 appellant shall file and serve a record on appeal and brief on or before May 7, 2018, in which event the motion to dismiss is denied.
Garry, P.J., McCarthy, Lynch and Mulvey, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court