Opinion
Motion No: 525214
08-10-2017
JOHN C. SCOTT, Individually and as Executor of the Estate of BERNICE SCOTT, Deceased, Appellant, v. JANET M. THAYER, Respondent, et al., Defendant.
DECISION AND ORDER ON MOTION
Motion to dismiss appeal taken by notice of appeal dated December 15, 2016 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 taken by notice of appeal dated December 15, 2016 is dismissed, without costs, unless appellant shall file and serve a record on appeal and brief on or before September 1, 2017, in which event the motion to dismiss is denied.
Peters, P.J., McCarthy, Devine and Clark, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court