Appellate Division: Second Judicial Department

M163483

E/nl

THOMAS A. DICKERSON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-11833, 2012-04556 Stephen Allen, plaintiff, Sandra Morrison- Allen, appellant, v Mercyfirst, etc., respondent. (Index No. 1496/08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from an order of the Supreme Court, Queens County, dated October 19, 2011, and a judgment of the same court dated March 21, 2012, to extend her time to comply with a decision and order on motion of this Court dated September 25, 2012, and a decision and order on motion of this Court dated July 17, 2013, by serving and filing a second supplemental record. Separate motion by the respondent to dismiss the appeals for failure to comply with the decision and order on motion of this Court dated September 25, 2012, and the decision and order on motion of this Court dated July 17, 2013.

Upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellant's motion is denied; and it is further,

ORDERED that the respondent's motion is granted and the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this Court dated September 25, 2012, and the decision and order on motion of this Court dated July 17, 2013.

DICKERSON, J.P., LOTT, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court