Motion No: 522375
DECISION AND ORDER ON MOTION
Motion to dismiss appeal on the ground that the appeal terminated by the entry of the final judgment of Supreme Court or, in the alternative, 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 motion to dismiss the appeal on the ground that the appeal terminated by the entry of the final judgment of Supreme Court is denied, without costs, and without prejudice to the issue involved being raised upon the argument of the appeal, and it is further
ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve a record on appeal and brief on or before August 1, 2016, in which event the motion to dismiss the appeal for failure of prosecution is denied.
Peters, P.J., McCarthy, Egan Jr. and Devine, JJ., concur.
Robert D. Mayberger
Clerk of the Court