Appellate Division: Second Judicial Department

M307876

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

DONNA-MARIE E. GOLIA

ELENA GOLDBERG VELAZQUEZ, JJ.

2023-09791 In the Matter of Dennis Hawkins, appellant, v Estelle Smith, respondent; Harold Culler, nonparty-respondent. (Index No. 518163/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated June 21, 2023. By decision and order on motion of this Court dated May 23, 2025, the appellant was directed to serve and file a supplemental record containing the complete transcript of the proceedings before the Supreme Court, Kings County, which occurred on May 10, 2023. The appellant has failed to file the supplemental record. By order to show cause dated July 28, 2025, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled matter for failure to comply with the decision and order on motion of this Court dated May 23, 2025. Motion by the appellant, in effect, for summary reversal of the order. Separate motion by the appellant, inter alia, to enlarge the record on appeal to include certain material. Separate motion by the appellant, inter alia, to compel an accounting. Separate motion by the appellant, inter alia, to compel the production of certain documents.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motions by the appellant and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this Court dated May 23, 2025; and it is further,

ORDERED that the motions by the appellant are denied as academic.

DUFFY, J.P., MILLER, GOLIA and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court