Opinion
Motion No: #513969
03-14-2012
WILLIAM L. BITNER III et al., Respondents, v. PAUL RUTHERFORD, 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 May 14, 2012, in which event the motion to dismiss is denied.
MERCURE, Acting P.J., ROSE, MALONE JR., STEIN and McCARTHY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court