Opinion
Motion No: 516085
03-22-2013
M & T BANK, Respondent, v. ROBIN HUGHES et al., Defendants, and CARIN GALLINAT et al., Appellants.
DECISION AND ORDER ON MOTION
Motion to dismiss appeal for failure of prosecution.
Cross motion for stay pending 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 appellants shall file and serve a record on appeal and brief on or before May 21, 2013, in which event the motion to dismiss is denied, and it is further
ORDERED that the cross motion for a stay pending the appeal is denied, without costs.
ROSE, J.P., LAHTINEN, STEIN and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court