Appellate Division: Second Judicial Department

M61516

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

RUTH C. BALKIN, JJ.

2006-05181, 2006-09048 Warehouse Specialists, Inc., respondent, v Fashion Eyes, Inc., et al., appellants. (Index No. 15364/05)

DECISION & ORDER ON MOTION

Appeals by the defendants from two orders of the Supreme Court, Nassau County, dated May 1, 2006, and August 25, 2006, respectively. By decision and order on motion of this Court dated March 14, 2007, the appellants' counsel was relieved, the appellants were directed to retain new counsel and provide the Clerk of this Court with the name of new counsel on or before April 30, 2007, and the appellants were advised that if they did not provide the Clerk of this Court with the name of their new counsel by April 30, 2007, the Court, on its own motion, might dismiss the appeals (see CPLR 321). The appellants did not provide the Clerk of this Court with the name of new counsel. By order to show cause dated September 21, 2007, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled action for failure to comply with the decision and order on motion of this Court dated March 14, 2007.

Upon the court's own motion and the papers filed in response thereto, it is

ORDERED that the appeals are dismissed, without costs or disbursements.

MILLER, J.P., RITTER, SANTUCCI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court