| 10502 Merrick Boulevard v 104 Merrick Realty |
| Motion No: 2020-06873 |
| Slip Opinion No: 2025 NY Slip Op 61723(U) |
| Decided on January 31, 2025 |
| 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
M302532
AFA/
ANGELA G. IANNACCI, J.P.
LINDA CHRISTOPHER
DEBORAH A. DOWLING
PHILLIP HOM, JJ.
|
2020-06873 10502 Merrick Boulevard, appellant, v 104 Merrick Realty, respondent. (Index No. 716313/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated August 7, 2020.
By order to show cause dated October 23, 2024, the parties to the appeal were directed to show cause before this Court why the appeal in the above-entitled action should or should not be dismissed 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.
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 (see 22 NYCRR 1250.9[a][2][I]).
IANNACCI, J.P., CHRISTOPHER, DOWLING and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court