Tucker v Tucker
Motion No: 2006-08053
Slip Opinion No: 2007 NYSlipOp 64000(U)
Decided on February 28, 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

M51330

M/mv

STEPHEN G. CRANE, J.P.

PETER B. SKELOS

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2006-08053

Howard J. Tucker, appellant,

v Evelyn Tucker, respondent.

(Index No. 25521-96)

DECISION & ORDER ON MOTION

Appeal by Howard J. Tucker from an order of the Supreme Court, Suffolk County, dated July 17, 2006. By decision and order on motion of this court dated January 16, 2007, the motion to dismiss the appeal was denied, and the appellant's time to perfect the appeal by serving and filing a record or appendix on the appeal and an appellant's brief was enlarged until February 7, 2007. The appellant has not perfected the appeal.

On the court's own motion, it is

ORDERED that the appeal is dismissed for failure to perfect, without costs or disbursements.

CRANE, J.P., SKELOS, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court