Johnston v. Johnston

Full title: NAOMI R. JOHNSTON, Appellant, v. MATTHEW W. JOHNSTON, Respondent.

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

Date published: May 18, 2017

2017 N.Y. Slip Op. 74404 (N.Y. App. Div. 2017)

Opinion

Motion No: 524792

05-18-2017

NAOMI R. JOHNSTON, Appellant, v. MATTHEW W. JOHNSTON, Respondent.

McCarthy, J.P., Egan Jr., Lynch and Clark, JJ., concur.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal for failure of prosecution.

Motion for stay and for further relief.

Upon the papers filed in support of the motions 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 July 17, 2017, in which event the motion to dismiss the appeal is denied, and it is further

ORDERED that the motion for a stay and for further relief is denied, without costs.

McCarthy, J.P., Egan Jr., Lynch and Clark, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court