Mazzilli v Lombardi
Motion No: 2013-07093
Slip Opinion No: 2015 NY Slip Op 77828(U)
Decided on June 30, 2015
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

M194747

E/ct

RANDALL T. ENG, P.J.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2013-07093

Joseph Mazzilli, appellant, v Charles M.

Lombardi, et al., respondents.

(Index No. 13276/07)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered June 12, 2013, for failure to comply with a decision and order on motion of this Court dated March 30, 2015, which directed the appellant to remove certain material from the copies of the appellant's appendix filed with the Clerk of this Court or serve and file a replacement appendix that did not contain that material.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.

ENG, P.J., HALL, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court