Simmons v. Wall

Full title: CARL SIMMONS et al., Appellants, v. HARRIS WALL et al., Respondents.

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Nov 16, 2017

2017 N.Y. Slip Op. 92646 (N.Y. App. Div. 2017)

Opinion

Motion No: 525682

11-16-2017

CARL SIMMONS et al., Appellants, v. HARRIS WALL et al., Respondents.

Peters, P.J., McCarthy, Devine and Clark, JJ., concur.

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 appellants shall file and serve a record on appeal and brief on or before January 16, 2018, in which event the motion to dismiss is denied.

Peters, P.J., McCarthy, Devine and Clark, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court