Opinion
Motion No: 525605
10-26-2017
DAVID ERICSEN, as Administrator of the Estate of LEONA A. ERICSEN, Deceased, and as Executor of the Estate of ANTHONY ERICSEN, Deceased, Appellant, v. ROBERT E. BENTON et al., Respondents, et al., Defendants.
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 December 26, 2017, in which event the motion to dismiss is denied.
Peters, P.J., Lynch, Rose and Mulvey, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court