Matter of Spencer v Horn
Motion No: 2010-03310
Slip Opinion No: 2011 NY Slip Op 66554(U)
Decided on March 10, 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

M116809

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2010-03310

In the Matter of Herman Spencer, appellant,

v Martin F. Horn, etc., respondent.

(Index No. 22370/09)

DECISION & ORDER ON MOTION

Appeal by Herman Spencer from an order of the Supreme Court, Kings County, dated February 5, 2010. By decision and order on motion dated August 11, 2010, the appellant's time to perfect the appeal was enlarged until September 27, 2010. The appellant has not perfected the appeal.

On the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to perfect the appeal in accordance with the decision and order on motion of this Court dated August 11, 2010.

ANGIOLILLO, J.P., FLORIO, HALL and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court