Montgomery v. Hackenburg

Full title: WILLIAM MONTGOMERY et al., Respondents, v. RICHARD HACKENBURG, Appellant.

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

Date published: May 19, 2016

2016 N.Y. Slip Op. 74757 (N.Y. App. Div. 2016)

2016 N.Y. Slip Op. 74166

Opinion

Motion No: 522917

05-19-2016

WILLIAM MONTGOMERY et al., Respondents, v. RICHARD HACKENBURG, Appellant.

McCarthy, J.P., Egan Jr., Rose and Mulvey, JJ., concur.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal for failure of prosecution and for further relief.

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 July 18, 2016, in which event the motion to dismiss is denied, and it is further

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

McCarthy, J.P., Egan Jr., Rose and Mulvey, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court