Rickey L. Duffina v County of Essex and Graymont Materials Inc



Rickey L. Duffina v County of Essex and Graymont Materials Inc
Motion No: 515346
Slip Opinion No: 2012 NY Slip Op 89975(U)
Decided on November 8, 2012
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: November 8, 2012
515346


RICKEY L. DUFFINA,

Respondent,

v


COUNTY OF ESSEX,

Appellant,

and
GRAYMONT MATERIALS, INC.,

Respondent.
(And A Third-Party Action.)


DECISION AND ORDER
ON MOTION

Motions to dismiss appeal for failure of prosecution.

Upon the papers filed in support of the motions 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 January 7, 2013, in which event the motions to dismiss are denied.
PETERS, P.J., LAHTINEN, STEIN, GARRY and EGAN JR., JJ., concur.


ENTER:
Robert D. Mayberger
Clerk of the Court