Perpignan v First Franklin Financial Corp.
Motion No: 2009-07291
Slip Opinion No: 2010 NY Slip Op 83234(U)
Decided on September 23, 2010
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M108669

E/sl

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-07291

Tony Perpignan, appellant, v First Franklin

Financial Corp., etc., respondent.

(Index No. 2734/08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated July 7, 2009, for failure to comply with a decision and order on motion of this Court dated June 2, 2010, which denied that branch of its prior motion which was to dismiss the appeal on condition that on or before July 7, 2010, the appellant serve and file a supplemental record containing certain documents.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED the motion is granted and the appeal is dismissed, without costs or disbursements.

SANTUCCI, J.P., DICKERSON, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court