Opinion
Motion No: 517481
10-10-2013
A. CAPPIONE, INC., et al., Respondents, v. MARC J. CAPPIONE et al., Appellants.
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 that the appeal is dismissed, without costs, unless appellants shall file and serve a record on appeal and brief on or before December 9, 2013, in which event the motion is denied.
Peters, P.J., McCarthy, Spain and Egan Jr., JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court