Matter of Dibba v Dibba
Motion No: 2007-06012
Slip Opinion No: 2007 NYSlipOp 79033(U)
Decided on September 25, 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

M60309

M/cb

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

WILLIAM E. McCARTHY, JJ.

2007-06012

In the Matter of Rana Dibba, respondent,

v Seedou Dibba, appellant.

(Docket No. F-02704-00)

DECISION & ORDER ON MOTION

Appeal by Seedou Dibba from an order of the Family Court, Westchester County, dated February 23, 2007. By decision and order on motion dated August 24, 2007, the parties were directed to show cause why an order should or should not be made and entered dismissing the above-entitled appeal on the ground that the notice of appeal was not timely served or filed (see Family Ct Act § 1113), by filing an affidavit or affirmation on that issue in the office of the Clerk of this court on or before September 14, 2007.

Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is

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

RIVERA, J.P., COVELLO, BALKIN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court