Matter of Malizia v Mateer
Motion No: 2006-03138
Slip Opinion No: 2007 NYSlipOp 68245(U)
Decided on April 26, 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

M53816

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2006-03138

In the Matter of Michael Malizia, appellant,

v Nancy A. Mateer, respondent.

(Docket No. O-7930/05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from an order of the Family Court, Nassau County, dated March 13, 2006, as a poor person and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules and prior orders of this court (see 22 NYCRR 670.8[e]).

MASTRO, J.P., RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court