| Cutler v Cutler |
| Motion No: 2009-04321 |
| Slip Opinion No: 2010 NY Slip Op 62812(U) |
| Decided on February 8, 2010 |
| 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. |
Appellate Division: Second Judicial Department
M98250
S/sl
PETER B. SKELOS, J.P.
RANDALL T. ENG
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
|
2009-04321 Paul Cutler, respondent, v Robin Cutler, appellant. (Index No. 07-5082)
| DECISION & ORDER ON MOTION |
Motion by the counsel assigned to represent the appellant in Supreme Court, to be assigned to represent the appellant on an appeal from a judgment of the Supreme Court, Orange County, dated February 25, 2009, to waive the filing fee, and to enlarge the time to perfect the appeal, or to allow counsel to perfect the appeal from so much of the judgment as failed to award counsel fees to the appellant.
Upon the papers filed in support of the motion and the papers filed in opposition 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, in light of the appellant's failure to comply with the decision and order on motion of this court dated December 1, 2009.
SKELOS, J.P., ENG, BELEN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court