Opinion
Motion No: 518915
10-16-2014
TEODORO MALDONADO et al., Individually and Derivatively on Behalf of SARATOGA SPRINGS NISSAN, LLC., et al., Appellants, v. ALAIN DIBRE et al., Respondents.
DECISION AND ORDER ON MOTION
Motion to dismiss appeal as moot or, in the alternative, 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 motion to dismiss the appeal as moot is denied, without costs, and without prejudice to the issue involved being raised upon the argument of the appeal, and it is further
ORDERED that the appeal is dismissed, without costs, unless appellants shall file and serve a record on appeal and brief on or before December 15, 2014, in which event the motion to dismiss the appeal for failure of prosecution is denied.
Peters, P.J., Lahtinen, McCarthy and Garry, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court