Opinion
Motion No: #512665
08-23-2011
DECISION AND ORDER ON MOTION
Motion for stay pending appeal.
Cross motion to dismiss appeal for failure of prosecution.
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 appellant shall file and serve the record on appeal and brief on or before October 24, 2011, in which event the cross motion to dismiss the appeal is denied, and it is further
ORDERED that the motion for a stay pending the appeal is denied, without costs.
PETERS, J.P., ROSE, MALONE JR., STEIN and McCARTHY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court