Matter of Ezagui v Kings County District Attorney
Motion No: 2013-02897
Slip Opinion No: 2014 NY Slip Op 83005(U)
Decided on September 10, 2014
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

M179565

S/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2013-02897

In the Matter of Menachem Ezagui, appellant,

v Kings County District Attorney, respondent.

(Index No. 4116/12)

DECISION & ORDER ON MOTION

Appeal by the petitioner from a judgment of the Supreme Court, Kings County, entered January 7, 2013. By decision and order on motion of this Court dated July 9, 2014, the appellant's motion, for leave to reargue the branch of his prior motion which was for leave to prosecute the appeal on the original papers, was denied, and the appellant time to comply with a decision and order on motion of this Court dated January 17, 2014, which directed him to serve and file a supplemental record containing the respondent's papers filed in opposition to the petition that resulted in the judgment entered January 7, 2013, was enlarged until September 10, 2014. The appellant has not filed the supplemental record.

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 July 9, 2014.

RIVERA, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court