Lee v Yuxin Yin
Motion No: 2016-09049
Slip Opinion No: 2018 NY Slip Op 66210(U)
Decided on March 7, 2018
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

M247066

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-09049

John Lee, et al., respondents,

v Yuxin Yin, appellant.

(Index No. 4295/11)

DECISION & ORDER ON MOTION

Appeal by Yuxin Yin from an order of the Supreme Court, Queens County, entered August 3, 2016. By decision and order on motion of this Court dated November 30, 2017, the appellant's appendix and brief were stricken, and on or before January 2, 2018, the appellant was directed to serve and file a replacement appellant's appendix and brief which included the papers filed by the respondents in opposition to the motion that resulted in the order entered August 3, 2016, and did not contain matter dehors the record. The appellant has failed to perfect the appeal.

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 November 30, 2017.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court