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COLUMBIA CAPITAL CO., res, v. FRANK ROSEMBERG, APPELLANT def

COLUMBIA CAPITAL CO., res, v. FRANK ROSEMBERG, APPELLANT def — Appeal by Frank Rosemberg from an order of the Supreme Court, Kings County, dated November 7, 2012. By decision and order on motion of this Court dated May 30, 2017, inter alia, the appellant was directed to serve and file a replacement record and a replacement brief on or before June 30, 2017, and the branch of the respondent's motion which was to dismiss the appeal on the ground that it had been rendered academic was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. The appellant has failed to file the replacement record and the replacement brief.

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COLUMBIA CAPITAL CO., res, v. FRANK ROSEMBERG, APPELLANT def — Appeal by Frank Rosemberg from an order of the Supreme Court, Kings County, dated November 7, 2012. By decision and order on motion of this Court dated May 30, 2017, inter alia, the appellant was directed to serve and file a replacement record and a replacement brief on or before June 30, 2017, and the branch of the respondent’s motion which was to dismiss the appeal on the ground that it had been rendered academic was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. The appellant has failed to file the replacement record and the replacement brief.

Now, on the Court’s own motion, it is

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