| Matter of Bornstein v Blue Diamond Capital, LLC |
| Motion No: 2010-03612 |
| Slip Opinion No: 2017 NY Slip Op 60426(U) |
| Decided on January 6, 2017 |
| 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
M224016
E/sl
MARK C. DILLON, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.
|
2010-03612 In the Matter of Benjamin Bornstein, appellant, et al., petitioner, v Blue Diamond Capital, LLC, et al., respondents. (Index No. 9615/07)
| DECISION & ORDER ON MOTION |
Appeal by Benjamin Bornstein from a judgment of the Supreme Court, Westchester County, dated February 1, 2010. By order to show cause dated November 4, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a decision and order on motion of this Court dated July 28, 2016.
Now, upon the order to show cause and no papers having been filed in response thereto, it is
ORDERED that the motion to dismiss the appeal 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 July 28, 2016.
DILLON, J.P., MILLER, HINDS-RADIX and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court