| Walter J. Wiggins v Edward E. Kopko et |
| Motion No: 512570 |
| Slip Opinion No: 2011 NY Slip Op 80740(U) |
| Decided on August 11, 2011 |
| Appellate Division, Third Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Decided and Entered: August 11, 2011
Case #
512570
WALTER J. WIGGINS, Appellant, v
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 the
record on appeal and brief on or before October 11, 2011, in which event the motion to dismiss the appeal is denied.
MERCURE, J.P.,
SPAIN, LAHTINEN, KAVANAGH and McCARTHY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the
Court