| H.P.S. Management Company, Inc. v St. Paul Surplus Line |
| Motion No: 2014-00791 |
| Slip Opinion No: 2014 NY Slip Op 92172(U) |
| Decided on December 9, 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. |
Appellate Division: Second Judicial Department
M184046
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
JOSEPH J. MALTESE
BETSY BARROS, JJ.
|
2014-00791 H.P.S. Management Company, Inc., et al., appellants, v St. Paul Surplus Lines Insurance Company, et al., respondents. (Index No. 19847/10)
| DECISION & ORDER ON MOTION |
Appeal by H.P.S. Management Company, Inc., and Henry Grubel from an order of the Supreme Court, Nassau County, entered November 21, 2013. By decision and order on motion of this Court dated September 30, 2014, the appellants' appendix and brief were stricken, and on or before October 30, 2014, the appellants were directed to serve and file a replacement appendix which did not contain matter dehors the record and contained "critical exhibits" which would be relied upon by the respondents (see 22 NYCRR 670.10.2[c][1][vi]), and a replacement brief which did not refer to matter dehors the record. The appellants have not filed a replacement appendix and a replacement brief.
Now, on the Court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e][1]) and prior order of the Court.
BALKIN, J.P., LEVENTHAL, MALTESE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court