Opinion
Motion No: 521523
11-12-2015
JOHN SIMS, Appellant, v. SUE NICHOLS, Individually and as Administrator of the Estate of JOHN R. SIMS, Deceased, et al., Respondents.
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 December 14, 2015, in which event the motion to dismiss is denied.
Peters, P.J., McCarthy, Egan Jr. and Lynch, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court