Opinion
Motion No: 517428
10-03-2013
MARY MARGARET SMITH, Respondent-Appellant, v. STATE OF NEW YORK, Appellant-Respondent.
DECISION AND ORDER ON MOTION
Motion to dismiss appeal taken by appellant-respondent for failure of prosecution.
Cross motion to dismiss appeal taken by respondent-appellant.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition to the motion, it is
ORDERED that the appeal taken by appellant-respondent is dismissed, without costs, unless said appeal is perfected on or before December 2, 2013, in which event the motion to dismiss said appeal is denied, and it is further
ORDERED that the cross motion to dismiss the cross appeal taken by respondent-appellant is granted, without costs, upon default.
Peters, P.J., McCarthy, Spain and Egan Jr., JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court