Gheitu v. Capitol Dist. Reg'l Off-Track Betting Corp.

Full title: In the Matter of MAHMOUD T. GHEITU, Appellant, v. CAPITOL DISTRICT…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Dec 22, 2016

2016 N.Y. Slip Op. 95157 (N.Y. App. Div. 2016)

Opinion

Motion No: 524095

12-22-2016

In the Matter of MAHMOUD T. GHEITU, Appellant, v. CAPITOL DISTRICT REGIONAL OFF-TRACK BETTING CORPORATION, Respondent.

Peters, P.J., McCarthy, Egan Jr. and Devine, JJ., concur.

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 the appeal is dismissed, without costs, unless appellant shall file and serve a record on appeal and brief on or before February 21, 2017, in which event the motion to dismiss is denied.

Peters, P.J., McCarthy, Egan Jr. and Devine, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court