Hattem v. Smith

Full title: PETER HATTEM, Appellant, v. ROBERT J. SMITH et al., Respondents.

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

Date published: Jul 7, 2016

2016 N.Y. Slip Op. 79108 (N.Y. App. Div. 2016)

2016 N.Y. Slip Op. 79107

Opinion

Motion No: 523068

07-07-2016

PETER HATTEM, Appellant, v. ROBERT J. SMITH et al., Respondents.

Peters, P.J., Lahtinen, Garry and Clark, 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 that the appeal is dismissed, without costs, unless appellant shall file and serve a record on appeal and brief on or before September 6, 2016, in which event the motion to dismiss is denied.

Peters, P.J., Lahtinen, Garry and Clark, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court