Opinion
Motion No: #512553
10-06-2011
In the Matter of STEPHEN KOWALCZYK et al., Appellants, v. TOWN OF AMSTERDAM ZONING BOARD OF APPEALS et al., Respondents. (And Another Related Proceeding.)
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 the record on appeal and brief on or before December 5, 2011, in which event the motion to dismiss is denied.
MERCURE, J.P., PETERS, MALONE JR., STEIN and McCARTHY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court