Shiel v Weissman
Motion No: 2020-05754
Slip Opinion No: 2024 NY Slip Op 76905(U)
Decided on October 21, 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

M300145

KS/

ROBERT J. MILLER, J.P.

LINDA CHRISTOPHER

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2020-05754

Kevin Shiel, appellant, v David

Weissman, et al., respondents.

(Index No. 505132/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 26, 2020. By order to show cause of this Court dated September 6, 2024, 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 no papers having been filed in response thereto, it is

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

MILLER, J.P., CHRISTOPHER, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court