Matter of Martinez v Villagomez
Motion No: 2010-07068
Slip Opinion No: 2011 NY Slip Op 60964(U)
Decided on January 11, 2011
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

M112724

E/sl

A. GAIL PRUDENTI, P.J.

DANIEL D. ANGIOLILLO

ANITA R. FLORIO

SANDRA L. SGROI, JJ.

2010-07068

In the Matter of Judy Martinez, respondent,

v Arthur Villagomez, appellant.

(Docket No. F-21923-05)

DECISION & ORDER ON MOTION

Appeal by Arthur Villagomez from an order of the Family Court, Queens County, dated June 14, 2010. By decision and order on motion of this Court dated November 12, 2010, the appellant was directed to file in the office of the Clerk of this Court on or before December 6, 2010, an affidavit or affirmation stating that the transcript had been received, and indicating the date that it was received, or, if the transcript had not been received, an affidavit or affirmation stating that it had been ordered and paid for, the date thereof, and the date by which the transcript was expected. The appellant has not filed the foregoing affidavit or affirmation.

On the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the order dated November 12, 2010 (see 22 NYCRR 670.4[2]).

PRUDENTI, P.J., ANGIOLILLO, FLORIO and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court