Opinion
Motion No: 525749
12-07-2017
ANDY R. REED, Individually and as Administrator of the Estate of BENJAMIN REED, Deceased, Respondent. v. NEW YORK STATE ELECTRIC AND GAS CORPORATION et al., Respondents, and VILLAGE OF HORSEHEADS, Appellant. (And Two Other Related Actions.)
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 a record on appeal and brief on or before February 5, 2018, in which event the motion to dismiss is denied.
McCarthy, J.P., Garry, Egan Jr. and Aarons, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court