Matter of Viana v Rosario
Motion No: 2011-00393
Slip Opinion No: 2011 NY Slip Op 73952(U)
Decided on May 26, 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

M120609

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-00393

In the Matter of Diana M. Viana, appellant,

v Anthony Rosario, respondent.

(Docket Nos. V-13631/10, V-13688/10)

DECISION & ORDER ON MOTION

Appeal by Diana M. Viana from an order of the Family Court, Suffolk County, dated November 30, 2010. By decision and order on motion of this Court dated April 27, 2011, the appellant was directed to file in the office of the Clerk of this Court an affidavit or affirmation stating that the transcript had been ordered and paid for, the date thereof, the date by which the transcript was expected, and the name(s) of the transcription service(s) transcribing the transcript, on or before May 11, 2011, or the appeal would be dismissed. The appellant has not filed the affidavit or affirmation as directed by the decision and order on motion dated April 27, 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 decision and order on motion dated April 27, 2011.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court