MATTER OF ROYAL LEISURE, ETC., res, v. TLAM, INC., ETC. ap — Appeal by the defendants from order of the Supreme Court, Suffolk County, dated October 13, 2011. By dated December 26, 2012, the parties were directed to show cause why the appeal should or should not be dismissed based on the appellants' failure to subpoena the original papers from the Supreme Court, Suffolk County (see 22 NYCRR 670.9[b]).

Now, upon the and no papers having been filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied as the original papers were filed with the Clerk of the Court on January 2, 2013.

DILLON, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.