Matter of Brown v Brown
Motion No: 2010-10464
Slip Opinion No: 2011 NY Slip Op 69859(U)
Decided on April 13, 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

M117833

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2010-10464

In the Matter of Susan M. Brown, respondent,

v John J. Brown, appellant.

(Proceeding No. 1)

In the Matter of John J. Brown, appellant,

v Susan M. Brown, respondent.

(Proceeding No. 2)

(Docket Nos. V-07877-08, V-07878-08,

O-03130-09, V-07751-08, V-8023-08,

V-8024-08)

DECISION & ORDER ON MOTION

Appeal by John J. Brown from an order of the Family Court, Nassau County, dated September 29, 2010. By decision and order on motion dated February 3, 2011, the appellant was directed to file on or before March 21, 2011, an affidavit or affirmation, inter alia, stating that the transcript had been ordered and paid for, the date thereof, the name of the transcription service from which the transcript was ordered, and the date by which the transcript was expected. The appellant has not complied with the order dated February 3, 2011.

Now, 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 February 3, 2011 (see 22 NYCRR 670.4[a][2]).

ANGIOLILLO, J.P., DICKERSON, HALL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court