K-r Bldg. Corp. v Marino Victorino Morales & Candy Jaqueline Ceron Victorino
Motion No: 2019-01289 QC
Slip Opinion No: 2024 NY Slip Op 80739(U)
Decided on December 3, 2024
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

MARINA CORA MUNDY, J.P.

CHEREÉ A. BUGGS

LISA S. OTTLEY, JJ.

DECISION & ORDER ON MOTION

2019-1289 Q C
K-R Building Corp., Appellant, v Marino Victorino Morales and Candy Jaqueline Ceron Victorino, Respondents, et al., Undertenants.

Appeal from a judgment of the Civil Court of the City of New York, Queens County, entered April 11, 2019. In a Decision and Order on Motion dated October 21, 2021, the appeal was stricken from the court's appeal calendar and general calendar on the ground that the appeal has not been properly perfected in that there are exhibits that have not been made part of the record on appeal. In a Decision & Order on Motion dated May 14, 2024, the Court directed the parties to show cause before this court why the appeal should or should not be dismissed for failure to properly prosecute the appeal, by filing an affirmation on the issue with the Clerk of this court on or before June 14, 2024.

Now, upon the order to show cause and no papers having been filed in opposition thereto, it is

ORDERED that the appeal is dismissed.

Mundy, J.P., taking no part.

ENTER:

Paul Kenny

Chief Clerk