Opinion
Motion No: 523897
11-10-2016
DOUGLAS J. BELL, Respondent, v. ROBERT E. BROWN, Appellant, Defendant and Third-Party Plaintiff-Appellant; RODNEY DAUNAIS, Third-Party Defendant-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 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 January 9, 2017, in which event the motion to dismiss is denied.
Peters, P.J., Garry, Lynch and Rose, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court