Opinion
Motion No: 516725
06-13-2013
CHRISTOPHER DINOVO et al., Plaintiffs, v. BAT CON, INC., Defendant and Third-Party Plaintiff- Respondent; PETERSON GEOTECHNICAL CONSTRUCTION, LLC, Third-Party Defendant-Appellant, et al., Third-Party Defendant.
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 August 12, 2013, in which event the motion to dismiss is denied.
PETERS, P.J., STEIN, McCARTHY and EGAN JR., JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court