J.K. Petroleum, Inc. v JMP USA, Inc.
Motion No: 2015-10364
Slip Opinion No: 2017 NY Slip Op 79310(U)
Decided on July 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M234124

E/sl

RANDALL T. ENG, P.J.

SHERI S. ROMAN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2015-10364, 2016-06240

J.K. Petroleum, Inc., respondent,

v JMP USA, Inc., appellant.

(Index No. 5151/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from an order of the Supreme Court, Nassau County, dated August 31, 2015, and a judgment of the same court entered October 8, 2015, on the ground that the appellant's replacement appendix is inadequate, or, in the alternative, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeals is granted and the appeals are dismissed, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

ENG, P.J., ROMAN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court