| Wen Zong Yu v Hua Fan |
| Motion No: 2008-02562 |
| Slip Opinion No: 2009 NYSlipOp 63728(U) |
| Decided on February 18, 2009 |
| 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
M82582
S/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
STEVEN W. FISHER
RANDALL T. ENG, JJ.
|
2008-02562 Wen Zong Yu, appellant, v Hua Fan, respondent. (Index No. 19503/04)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from an order of the Supreme Court, Queens County, dated October 17, 2007. By decision and order on motion dated December 29, 2008, the appellant's motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal was granted on condition that on or before January 26, 2009, the appellant serve and file a supplemental record containing the appellant's affidavit dated August 24, 2007, with attached exhibits, submitted in support of the motion that resulted in the order dated October 17, 2007, and the respondent's affirmation in opposition to the motion, with attached exhibits. The appellant has not complied with the decision and order on motion dated December 29, 2008.
Now, on the court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion dated December 29, 2008.
MASTRO, J.P., RIVERA, FISHER and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court