Strategic Business Edge, Inc. v La Traviata, Inc.
Motion No: 2012-01503
Slip Opinion No: 2013 NY Slip Op 78596(U)
Decided on July 2, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M158801

S/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

JEFFREY A. COHEN, JJ.

2012-01503

Strategic Business Edge, Inc., etc., respondent,

v La Traviata, Inc., et al., appellants.

(Index No. 09-14384)

DECISION & ORDER ON MOTION

Appeal by La Traviata, Inc., and Ralph Tomasso, from an order of the Supreme Court, Westchester County, dated November 4, 2011. The appellants' motion to extend their time to comply with decisions and orders on motion of this Court dated December 4, 2012, and February 13, 2013, respectively which directed them to serve and file a replacement record and a replacement brief on or before March 11, 2013, was granted by decision and order on motion of this Court dated April 19, 2013, and the appellants' time to serve and file a replacement record and brief was enlarged until June 6, 2013. The appellants have not filed a replacement record and brief.

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 of this Court dated April 19, 2013.

RIVERA, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court