Appellate Division: Second Judicial Department

M54751

S/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-01519 In the Matter of David Roethel, respondent, v Tina Camacho, appellant. (Docket No. F-02809-96)

DECISION & ORDER ON MOTION

Appeal by Tina Camacho from an order of the Family Court, Suffolk County, dated May 19, 2005. The order indicates the it was mailed to the parties on May 19, 2005. By order to show cause dated March 2, 2007, the parties or their attorneys were directed to show cause before this court why the appeal should or should not be dismissed on the ground that the notice of appeal is untimely (see Family Ct Act § 1113). By decision and order on motion dated April 19, 2007, the matter was remitted to the Family Court, Suffolk County, to hear and report on the issue of if or when the appellant, or her attorney, received a copy of the order dated May 19, 2005, and the motion to dismiss the appeal was held in abeyance in the interim. The Family Court, Suffolk County, has filed its report.

Upon the court's own motion, the papers filed in response thereto, and upon the report of the Family Court, Suffolk County, it is

ORDERED that the appeal is dismissed, without costs or disbursements, on the ground that the appeal was not timely taken (see Family Ct Act § 1113).

SCHMIDT, J.P., GOLDSTEIN, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court