Opinion
Motion No: 519116
07-10-2014
In the Matter of JOSEPH W. McKAY, Respondent, v. VILLAGE OF ENDICOTT, Appellant.
DECISION AND ORDER ON MOTION
Motion to dismiss appeal.
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 on the ground that no appeal lies as of right is denied, without costs, and it is further
ORDERED that the motion to dismiss the appeal for failure of prosecution is granted, without costs, unless appellant shall file and serve a record on appeal and brief on or before September 8, 2014, in which event the motion to dismiss the appeal for failure of prosecution is denied.
Stein, J.P., McCarthy, Devine and Clark, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court