Appellate Division: Second Judicial Department

M48586

S/cb

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2006-02051 John Paggioli, appellant, v Poly Prep Country Day School, et al., respondents. (Index No. 11188/05)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from an order of the Supreme Court, Kings County, dated January 5, 2006. The appellant perfected his appeal on September 20, 2006. By stipulation dated October 24, 2006, the attorney for the appellant withdrew as counsel for the appellant and the appellant agreed to retain new counsel on or before November 20, 2006. By decision and order on motion dated November 9, 2006, the appellant was directed to advise this court on or before November 20, 2006, whether he had retained new counsel or would appear pro se, and on or before December 8, 2006, the appellant or his new attorney was to advise the court whether the appellant would adopt the briefs previously filed or wished to file a supplemental brief. The appellant has not complied with either of the above directives.

Now, on the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for the appellant's failure to comply with the decision and order on motion of this court dated November 9, 2006.

FLORIO, J.P., MASTRO, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court