Opinion
Motion No. 2020-00496 Index No. 2186/2019
07-03-2023
AF Trucking Inc., etc., et al., appellants, v. Oxford Capital Funding, LLC, respondent.
Unpublished Opinion
MOTION DECISION
M289810
FRANCESCA E. CONNOLLY, J.P., LINDA CHRISTOPHER, PAUL WOOTEN, LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Orange County, entered July 12, 2021. By decision and order on motion of this Court dated September 28, 2022, the appellants were directed to serve and file a supplemental record containing the judgment with notice of entry on or before October 28, 2022. The appellants did not file the supplemental record. Motion by the respondent, inter alia, to dismiss the appeal for failure to comply with this Court's decision and order on motion dated September 28, 2022.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is 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 September 28, 2022; and it is further, ORDERED that the motion is otherwise denied.
CONNOLLY, J.P., CHRISTOPHER, WOOTEN and WAN, JJ., concur.