Opinion
Motion No: 2010-10397 Index No. 13322/09 M126741
10-03-2011
Robert G. Lucas, et al., respondents, v. ZCH Corp., et al., appellants, et al., defendants.
, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated August 26, 2010. By decision and order on motion of this Court dated July 1, 2011, the respondents' motion to dismiss the appeal on the ground that the record on appeal was inadequate was denied on condition that on or before July 22, 2011, the appellants serve and file a supplemental record containing the transcript of a hearing that occurred in the above-entitled action on June 22, 2010. The appellants have not filed the supplemental record.
Now, on the Court's own motion, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion dated July 1, 2011.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court