| Lucas v ZCH Corp. |
| Motion No: 2010-10397 |
| Slip Opinion No: 2011 NY Slip Op 85551(U) |
| Decided on October 3, 2011 |
| 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
M126741
E/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2010-10397 Robert G. Lucas, et al., respondents, v ZCH Corp., et al., appellants, et al., defendants. (Index No. 13322/09)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated August 26, 2010. By decision and order on motion of this Court dated July 1, 2011, the respondents' motion to dismiss the appeal on the ground that the record on appeal was inadequate was denied on condition that on or before July 22, 2011, the appellants serve and file a supplemental record containing the transcript of a hearing that occurred in the above-entitled action on June 22, 2010. The appellants have not filed the supplemental record.
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 July 1, 2011.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court