Opinion
Motion No: 516825
07-12-2013
WILLIAM SUMMERS, Appellant, v. DAVID Q. KIRK, Respondent.
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 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 September 10, 2013, in which event the motion to dismiss is denied.
PETERS, P.J., LAHTINEN, SPAIN and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court