Pikulinska v Pikulinski
Motion No: 2011-09034
Slip Opinion No: 2013 NY Slip Op 79328(U)
Decided on July 11, 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

M159203

E/sl

RANDALL T. ENG, P.J.

MARK C. DILLON

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-09034

Irena Pikulinska, respondent,

v Waldemar Pikulinski, appellant.

(Index No. 27517/07)

DECISION & ORDER ON MOTION

Appeal by Waldemar Pikulinski from a judgment of the Supreme Court, Kings County, dated July 14, 2011. By decision and order on motion of this Court dated August 29, 2012, as amended by decisions and orders on motion dated December 31, 2012, March 7, 2013, and April 29, 2013, respectively, this Court denied that branch of the respondent's motion which was to dismiss the appeal on condition that the appellant settle the transcript, if the transcript has not yet been settled, and serve and file a supplemental appendix containing all of the material excerpts from the transcript in accordance with the rules of this Court (see 22 NYCRR 670.10.2[c]), on or before June 13, 2013. The appellant has not complied with the decision and order on motion dated August 29, 2012, as amended by decisions and orders on motion dated December 31, 2012, March 7, 2013, and April 29, 2013, respectively,

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 August 29, 2012, as amended by decisions and orders on motion dated December 31, 2012, March 7, 2013, and April 29, 2013, respectively.

ENG, P.J., DILLON, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court