| Ali v Chaudhry |
| Motion No: 2011-00928 |
| Slip Opinion No: 2011 NY Slip Op 92722(U) |
| Decided on December 13, 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
M130193
E/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2011-00928 Pir Wajid Ali, appellant, v Shafquat Chaudhry, respondent. (Index No. 3948/09)
| DECISION & ORDER ON MOTION |
Appeal by Pir Wajid Ali from an order of the Supreme Court, Queens County, dated November 15, 2010. By decision and order on motion of this Court dated September 12, 2011, the respondent's motion to dismiss the appeal was denied on condition that on or before October 4, 2011, the appellant shall serve and file a replacement record and replacement brief that did not contain or refer to matter dehors the record and complied with the CPLR and rules of this Court (see CPLR 5526, 5528, 5531; 22 NYCRR 670.10.1, 670.10.2, 670.10.3). The appellant has not filed a replacement record or brief.
Now, on the Court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to serve and file a replacement record and replacement brief in accordance with the decision and order on motion of this Court dated September 12, 2011.
DILLON, J.P., FLORIO, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court