Kostyshyn v. New Castle County

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IN THE SUPREME COURT OF THE STATE OF DELAWARE PETER KOSTYSHYN, Defendant Below, Appellant, v. NEW CASTLE COUNTY, Plaintiff Below, Appellee. § § § § § § § § § § § § No. 260, 2012 Court Below Superior Court of the State of Delaware, in and for New Castle County C.A. No. 200809916 Submitted: September 5, 2012 Decided: September 7, 2012 ORDER This 7th day of September 2012, it appears to the Court that, on August 22, 2012, the Clerk s office issued a notice to appellant to show cause why this appeal should not be dismissed for his failure to diligently prosecute his appeal by not filing an amended notice of appeal as directed by the Court. The appellant has failed to respond to the notice to show cause within the required ten-day period; therefore, dismissal of this action is deemed to be unopposed. NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to Supreme Court Rules 3(b) and 29(b), that the within appeal is DISMISSED. BY THE COURT: /s/ Jack B. Jacobs Justice

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