Opinion
Motion No: 524554
03-23-2017
JAMES LAMELA et al., Plaintiffs, v. VERTICON, LIMITED, et al., Third Party Plaintiffs-Respondents, et al., Defendants; LAMELA & SONS, INC., Third-Party Defendant-Appellant.
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 the appeal is dismissed, without costs, unless appellant shall file and serve a record on appeal and brief on or before May 22, 2017, in which event the motion to dismiss is denied.
Peters, P.J., Garry, Egan Jr. and Mulvey, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court