| Jacobs v Alpine Theatre, LLC |
| Motion No: 2005-01877 |
| Slip Opinion No: 2006 NYSlipOp 66689(U) |
| Decided on April 7, 2006 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M38123
S/sl
DAVID S. RITTER, J.P.
DANIEL F. LUCIANO
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2005-01877 Alexander Jacobs, et al., respondents, v Alpine Theatre, LLC, et al., appellants. (Index No. 38196/02)
| DECISION & ORDER ON MOTION |
Appeal by the defendants from an order of the Supreme Court, Kings County, dated December 17, 2004. The appeal was perfected in October 2005. By decision and order on motion dated February 3, 2006, the appellants record and brief were stricken and the appellants were directed to serve and file and replacement record and brief on or before February 24, 2006. The appellants have not complied with the above directive.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for the appellants failure to comply with the decision and order on motion of this court dated February 3, 2006.
RITTER, J.P., LUCIANO, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court