Opinion
Motion No: #512577
08-12-2011
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 appeal is dismissed, without costs, unless appellant shall file and serve the record and brief on or before October 11, 2011, in which event the motion to dismiss for failure of prosecution is denied, and it is further
ORDERED that the motion to dismiss the appeal on the ground that the notice of appeal is defective and insufficient is denied, without costs.
LAHTINEN, J.P., MALONE JR., KAVANAGH, STEIN and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court