Appellate Division: Second Judicial Department

M102003

M/ct

MARK C. DILLON, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2009-09679 In the Matter of Belinda Vasquez, respondent, v Jerome Washington, appellant. (Docket No. F-36059-07)

DECISION & ORDER ON MOTION

Appeal by Jerome Washington from an order of the Family Court, Kings County, dated July 31, 2009. By decision and order on motion dated February 5, 2010, the appellant was directed to file one of the following in the office of the clerk of the court, within 30 days after the date of the scheduling order:

(1) an affidavit or affirmation stating that there were no minutes of the Family Court proceedings to be transcribed for the appeal; or

(2) if there were such minutes, an affidavit or affirmation that the transcript was received, and indicating the date that it was received; or

(3) if the transcript was not received, an affidavit or affirmation stating that it was ordered and paid for, the date thereof and the date by which the transcript was expected; or

(4) if the appellant was indigent and could not afford to obtain the minutes or perfect the appeal, a motion in this court for leave to prosecute the appeal as a poor person and for the assignment of counsel, pursuant to the requirements of CPLR 1101; or

(5) an affidavit or an affirmation withdrawing the appeal.

The appellant has failed to do so.

On the court's own motion it is

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

DILLON, J.P., MILLER, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court