Appellate Division: Second Judicial Department

M52726

E/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

GLORIA GOLDSTEIN

MARK C. DILLON, JJ.

2005-11972 Linford Wilson, et al., appellants, v Power House Development Corp., respondent. (Index No. 9280/03)

DECISION & ORDER ON MOTION

Appeal by the plaintiffs from a judgment of the Supreme Court, Queens County, dated November 3, 2005. By decision and order on motion of this court dated October 2, 2006, the appellants' appendix and brief were stricken, and the respondent's motion to dismiss the appeal was denied on condition that on or before November 22, 2006, the appellants (1) properly settle the transcript pursuant to CPLR 5525 and (2) perfect the appeal by serving and filing (A) a replacement record or appendix (i) containing pages of the transcript that do not contain extraneous markings, and (ii) which does not contain matter dehors the record, and (B) a replacement brief containing a statement of facts with page citations to the replacement record or appendix and which does not refer to matter dehors the record. The appellants failed to comply with the foregoing condition.

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

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that the appellants failed to comply with the condition imposed by the decision and order on motion of this court dated October 2, 2006.

MILLER, J.P., MASTRO, GOLDSTEIN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court