| AF Trucking, Inc. v Oxford Capital Funding, LLC |
| Motion No: 2020-00496 |
| Slip Opinion No: 2023 NY Slip Op 69694(U) |
| Decided on July 3, 2023 |
| 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
M289810
AFA/
FRANCESCA E. CONNOLLY, J.P.
LINDA CHRISTOPHER
PAUL WOOTEN
LILLIAN WAN, JJ.
|
2020-00496 AF Trucking Inc., etc., et al., appellants, v Oxford Capital Funding, LLC, respondent. (Index No. 2186/2019)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Orange County, entered July 12, 2021. By decision and order on motion of this Court dated September 28, 2022, the appellants were directed to serve and file a supplemental record containing the judgment with notice of entry on or before October 28, 2022. The appellants did not file the supplemental record. Motion by the respondent, inter alia, to dismiss the appeal for failure to comply with this Court's decision and order on motion dated September 28, 2022.
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 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 September 28, 2022; and it is further,
ORDERED that the motion is otherwise denied.
CONNOLLY, J.P., CHRISTOPHER, WOOTEN and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court