Opinion
Motion No: #512901
09-22-2011
BEVERLY SHIELDS, as Delaware County Treasurer, Appellant, v. RICHARD M. CARBONE, Respondent, et al., Defendants.
DECISION AND ORDER ON MOTION
Motion to dismiss appeal for failure of prosecution and for sanctions.
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 the record on appeal and brief on or before November 1, 2011, in which event the motion to dismiss is denied, without costs, and it is further
ORDERED that the motion for sanctions is denied, without costs.
MERCURE, J.P., SPAIN, MALONE JR., KAVANAGH and McCARTHY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court