Aksherian v IEEE
Motion No: 2019-08933
Slip Opinion No: 2024 NY Slip Op 69202(U)
Decided on June 10, 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

M296993

KS/

COLLEEN D. DUFFY, J.P.

FRANCESCA E. CONNOLLY

PAUL WOOTEN

LOURDES M. VENTURA, JJ.

2019-08933

Gerald Aksherian, Sr., appellant,

v IEEE, etc., et al., respondents.

(Index No. 8448/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, entered May 8, 2019. By order to show cause dated August 16, 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 on the ground that the appellant has not served a subpoena upon the clerk of the court of original instance and filed proof of such service in accordance with this Court's rules (see 22 NYCRR 1250.9[a][2][i]).

Now, upon the order to show cause and the papers filed in response thereto, it is

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

DUFFY, J.P., CONNOLLY, WOOTEN and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court