| Columbia Capital Co. v Rosemberg |
| Motion No: 2013-00867 |
| Slip Opinion No: 2017 NY Slip Op 80598(U) |
| Decided on July 21, 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
M234705
E/afa
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON, JJ.
|
2013-00867 Columbia Capital Co., respondent, v Frank Rosemberg, appellant, et al., defendant. (Index No. 7623/09)
| DECISION & ORDER ON MOTION |
Appeal by Frank Rosemberg from an order of the Supreme Court, Kings County, dated November 7, 2012. By decision and order on motion of this Court dated May 30, 2017, inter alia, the appellant was directed to serve and file a replacement record and a replacement brief on or before June 30, 2017, and the branch of the respondent's motion which was to dismiss the appeal on the ground that it had been rendered academic was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. The appellant has failed to file the replacement record and the replacement brief.
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 May 30, 2017; and it is further,
ORDERED that the branch of the respondent's motion which was previously held in abeyance is denied as academic.
CHAMBERS, J.P., MILLER, LASALLE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court