Opinion
Motion No: 525295
08-31-2017
LEAH BRONSTHER, Respondent, v. SEAD DEVELOPMENT GROUP, LLC, et al., Respondents, and PAUL V. SCIOCCHETTI, Appellant. (And a Third-Party Action.)
DECISION AND ORDER ON MOTION
Motion to dismiss appeal for failure of prosecution and for lack of jurisdiction.
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 September 28, 2017, in which event the motion to dismiss for failure of prosecution is denied, and it is further
ORDERED that the motion to dismiss for lack of jurisdiction is denied, without costs, and without prejudice to the issue involved being raised upon the argument of the appeal.
Peters, P.J., McCarthy, Devine and Clark, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court