Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M242604

U/jr

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2016-05367 Thomas Butterfield, appellant, v Huntington Union Free School District, respondent. (Index No. 22936/13)

DECISION & ORDER ON MOTION

Appeal by Thomas Butterfield from an order of the Supreme Court, Suffolk County, dated April 8, 2016. By decision and order on motion of this Court dated December 22, 2016, the respondent's motion to dismiss the appeal was denied on condition that on or before February 6, 2017, the appellant serve and file a supplemental appellant's appendix containing the papers submitted by the parties in connection with the motion that resulted in the order dated April 8, 2016. By order to show cause dated March 10, 2017, this Court directed the parties 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 the decision and order on motion of this Court dated December 22, 2016. By decision and order on motion of this Court dated June 12, 2017, the motion to dismiss the appeal was denied and the appellant's time to serve and file the supplemental appendix was extended until July 12, 2017. By decision and order on motion of this Court dated September 1, 2017, the appellant's time to serve and file the supplemental appendix was extended until October 30, 2017. The appellant has not filed the supplemental appendix.

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 decisions and orders on motion of this Court dated December 22, 2016, June 12, 2017, and September 1, 2017.

CHAMBERS, J.P., COHEN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court