Matter of Fucci v Burton
Motion No: 2006-05949
Slip Opinion No: 2007 NYSlipOp 61367(U)
Decided on January 18, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M49508

M/mv

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

PETER B. SKELOS

WILLIAM E. McCARTHY, JJ.

2006-05949

In the Matter of Beth Fucci, respondent,

v John Burton, appellant.

(Docket No. F-01789-03)

DECISION & ORDER ON MOTION

Appeal by John Burton from an order of the Family Court, Rockland County, dated May 15, 2006. By decision and order on motion of this court dated October 17, 2006, the appellant was granted leave to renew a motion for leave to prosecute the appeal as a poor person on or before November 21, 2006, upon the submission of proper papers establishing that the appellant is entitled to poor person relief and is interested in pursuing the appeal. The appellant has failed to do so. By order to show cause dated December 8, 2006, the parties or their attorneys were directed to show cause before this court why the appeal should or should not be dismissed.

Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements.

RIVERA, J.P., SANTUCCI, SKELOS and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court