Opinion
519490
09-04-2014
In the Matter of the Accounting by BANK OF AMERICA, N.A., as Trustee of the Trusts Created Under Article Third (A)(8) of the Last Will and Testament of HENRY P. KIERNAN, Deceased. v. BANK OF AMERICA, N.A. Respondent; BERNARD K. BAKER, as Executor of the Estate of EILEEN ECKEL, Deceased, Appellant.
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 appellant shall file and serve a record on appeal and brief on or before October 6, 2014, in which event the motion to dismiss is denied.
Peters, P.J., Stein, Garry and Rose, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court