| Ostry v Pictet & Cie |
| Motion No: 2019-03187 |
| Slip Opinion No: 2024 NY Slip Op 76119(U) |
| Decided on October 9, 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. |
Appellate Division: Second Judicial Department
M299862
AFA/
BETSY BARROS, J.P.
PAUL WOOTEN
DEBORAH A. DOWLING
CARL J. LANDICINO, JJ.
|
2019-03187 Jerry Ostry, et al., appellants, v Pictet & Cie, et al., respondents, et al., defendants. (Index No. 611595/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated January 3, 2019.
By order to show cause dated August 26, 2024, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that the appellants have 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.
BARROS, J.P., WOOTEN, DOWLING and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court