American Express Bank, FSB v Budyonny
Motion No: 2012-02000
Slip Opinion No: 2013 NY Slip Op 92094(U)
Decided on November 21, 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

M165540

S/sl

DANIEL D. ANGIOLILLO, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2012-02000

American Express Bank, FSB, respondent,

v Art Budyonny, appellant.

(Index No. 10-27072)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the Supreme Court, Westchester County, entered January 10, 2012. By decision and order on motion of this Court dated June 13, 2013, the notice of appeal from an order of the same court entered December 12, 2011, was deemed to be a notice of appeal from the judgment entered January 10, 2012 (see CPLR 5512[a]), and the appellant was directed to serve and file a supplemental record containing a copy of the judgment on or before June 28, 2013. The appellant has not complied with the decision and order on motion dated June 13, 2013.

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 June 13, 2013.

ANGIOLILLO, J.P., CHAMBERS, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court