Opinion
Motion No: #513825
02-16-2012
In the Matter of the Estate of DONEL P. HARTNETT, Deceased. DANIEL HARTNETT, Respondent; v. DAVID HARTNETT, as Executor of the Estate of DONEL P. HARTNETT, Deceased, Appellant, et al., Respondents.
DECISION AND ORDER ON MOTION
Motion to dismiss appeal taken by notice of appeal dated November 10, 2011 for failure of prosecution.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that said appeal is dismissed, without costs, unless appellant shall file and serve the record on appeal and brief on or before March 19, 2012, in which event the motion to dismiss the appeal is denied.
MERCURE, Acting P.J., PETERS, MALONE JR., KAVANAGH and STEIN, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court