| Mussenden v Rapid Processing, LLC |
| Motion No: 2021-09406 |
| Slip Opinion No: 2023 NY Slip Op 76870(U) |
| Decided on November 17, 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
M292318
AFA/
FRANCESCA E. CONNOLLY, J.P.
JOSEPH J. MALTESE
PAUL WOOTEN
DEBORAH A. DOWLING, JJ.
|
2021-09406 David Mussenden, appellant, v Rapid Processing, LLC, et al., respondents. (Index No. 505094/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated November 12, 2021. By order to show cause dated September 20, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal for failure to comply with a decision and order on motion of this Court dated July 31, 2023, in which the appellant was directed to serve and file, via NYSCEF, a replacement record which did not contain certain material.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is denied, as the replacement record was filed.
CONNOLLY, J.P., MALTESE, WOOTEN and DOWLING, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court