Opinion
Motion No: 516781
05-30-2013
In the Matter of the Estate of ANGELA J. DISIENA, Deceased. CAROL ZAPPONE, as Preliminary Executor of the Estate of ANGELA J. DISIENA, Deceased, Respondent; v. MARIO J. DISIENA, Appellant, 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 July 29, 2013, in which event the motion to dismiss is denied.
PETERS, P.J., ROSE, STEIN and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court