Opinion
525764
12-07-2017
DONALD J. HUMPHREY, as Administrator of the Estate of MARYANN HUMPHREY, Deceased, Appellant, v. KENNETH D. RILEY et al., Respondents.
DECISION AND ORDER ON MOTION
Motion to dismiss appeal for failure of prosecution.
Cross motion for extension of time to perfect appeal.
Upon the papers filed in support of the motion and the cross 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 31, 2018, in which event the motion to dismiss is denied, and it is further
ORDERED that the cross motion for an extension of time to perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to January 31, 2018.
McCarthy, J.P., Garry, Egan Jr. and Aarons, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court