GMAC Mortgage, LLC v Clarke
Motion No: 2021-09444
Slip Opinion No: 2024 NY Slip Op 67340(U)
Decided on May 8, 2024
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

M296252

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LARA J. GENOVESI

LOURDES M. VENTURA, JJ.

2021-09444

GMAC Mortgage, LLC, respondent,

v David S. Clarke, et al., defendants;

Long Island Investments, LLC,

nonparty-appellant.

(Index No. 15377/2007)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated December 7, 2021. By decision and order on motion of this Court dated October 13, 2023, the appellant was directed to serve and file a replacement record on or before November 13, 2023. Motion by the respondent to dismiss the appeal on the ground that the appellant has failed to comply with the decision and order on motion of this Court dated October 13, 2023.

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 motion is granted and the appeal is dismissed, without costs or disbursements.

DILLON, J.P., CHAMBERS, GENOVESI and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court