Opinion
Motion No: 515557
11-16-2012
GRANITE CAPITAL HOLDINGS, INC., Doing Business as MIRABITO ENERGY GROUP, Now Known as MIRABITO HOLDINGS, INC., Doing Business as MIRABITO ENERGY PRODUCTS, Respondent, v. SHERBURNE-EARLVILLE CENTRAL SCHOOL DISTRICT, Appellant.
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 January 15, 2013, in which event the motion to dismiss is denied.
PETERS, P.J., LAHTINEN, STEIN, GARRY and EGAN JR., JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court