| Butler v First Baptist Church of Westbury |
| Motion No: 2007-04539 |
| Slip Opinion No: 2008 NYSlipOp 65976(U) |
| Decided on March 11, 2008 |
| 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
S/nl
ROBERT A. SPOLZINO, J.P.
PETER B. SKELOS
ANITA R. FLORIO
THOMAS A. DICKERSON, JJ.
|
2007-04539 Timothy Butler, appellant, v First Baptist Church of Westbury, New York, et al., respondents. (Index No. 114544/04)
| DECISION & ORDER ON MOTION |
Appeal by Timothy Butler from an order of the Supreme Court, Nassau County, entered April 5, 2007. By decision and order on motion dated December 14, 2007, the branch of the respondents' motion which was to strike the appellant's record and brief was granted and the appellant was directed to serve and file a replacement record and brief on or before January 28, 2008, that did not contain or refer to the papers concerning an order of the Supreme Court, Nassau County, entered February 22, 2007. The appellant has not complied with the decision and order on motion dated December 14, 2007.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, based on the appellant's failure to comply with the decision and order on motion dated December 14, 2007.
SPOLZINO, J.P., SKELOS, FLORIO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court