| Matter of Royal Leisure v TLAM, Inc. |
| Motion No: 2011-10742 |
| Slip Opinion No: 2013 NY Slip Op 63589(U) |
| Decided on February 4, 2013 |
| 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
M150786
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
|
2011-10742
In the Matter of Royal Leisure, etc., respondent, v TLAM, Inc., etc., et al., appellants. (Index No. 41786-10)
| DECISION & ORDER ON MOTION |
Appeal by the defendants from order of the Supreme Court, Suffolk County, dated October 13, 2011. By order to show cause dated December 26, 2012, the parties were directed to show cause why the appeal should or should not be dismissed based on the appellants' failure to subpoena the original papers from the Supreme Court, Suffolk County (see 22 NYCRR 670.9[b]).
Now, upon the order to show cause and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is denied as the original papers were filed with the Clerk of the Court on January 2, 2013.
DILLON, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court