Opinion
Motion No: #513012
10-06-2011
JAMES P. BACKUS, Respondent, v. LYME ADIRONDACK TIMBERLANDS II, LLC, et al., Appellants, et al., Defendants.
DECISION AND ORDER ON MOTION
Motion to dismiss appeal for failure of prosecution.
Cross motion for extension of time to perfect appeal.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the appeal is dismissed, without costs, unless appellants shall file and serve the record on appeal and brief or briefs on or before December 5, 2011, in which event the motion to dismiss is denied, and it is further
ORDERED that the cross motion for an extension of time to perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to December 5, 2011.
MERCURE, J.P., PETERS, MALONE JR., STEIN and McCARTHY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court