Opinion
Motion No: 521840
11-12-2015
MICHAEL COLE, Appellant, v. TEREX CORPORATION et al., Respondents. (And Two Third-Party Actions.)
DECISION AND ORDER ON MOTION
Motion to dismiss appeal taken by Michael Cole for failure of prosecution.
Upon the papers filed in support of the motion and the papers filed in opposition and in response thereto, it is
ORDERED that the appeal is dismissed, without costs, unless Michael Cole shall file and serve a record on appeal and brief on or before January 11, 2016, in which event the motion to dismiss is denied.
Peters, P.J., McCarthy, Egan Jr. and Lynch, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court