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KIM v. FRANCIS

Index No. 650481/18. Appeal No. 13491-13491A. Case Nos. 2020-02244, 2020-03374.

193 A.D.3d 424 (2021)

141 N.Y.S.3d 683

2021 NY Slip Op 02072

Paul Kim, Appellant, v. Jonathan Francis et al., Respondents, et al., Defendants. Sunshine Isaacson & Hecht, LLP, Nonparty Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 1, 2021.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Kenneth Gorman of counsel), for appellants.

Foster Garvey, PC, New York ( Kara Steger of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kern, González, Shulman, JJ.

Appellants failed to file proof of service of the record and their brief on defendant Adams. Thus, they failed to perfect the appeals (see Rules of App Div, 1st Dept [22 NYCRR] § 1250.9[a][1]). Moreover, appellants offered neither excuse nor explanation, despite the fact that the appearing defendants raised appellants' failure in their respondents' brief. Accordingly, we dismiss the appeals on our own motion (see Zetlin v Hanson Holdings,

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