Matter of Hunter v DePietro
Motion No: 2011-02325
Slip Opinion No: 2011 NY Slip Op 74460(U)
Decided on June 2, 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

M120920

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SANDRA L. SGROI, JJ.

2011-02325, 2011-02326, 2011-02327

In the Matter of Felice Hunter, appellant,

v Michael G. DePietro, respondent.

(Docket Nos. V-682-10/10A, V-683-10/10A,

V-723-10/10A, V-724-10/10A, V-756-10/10A,

V-757-10/10A, V-911-10/10A, V-912-10/10A)

DECISION & ORDER ON MOTION

Appeals by Felice Hunter from three orders of the Family Court, Putnam County, all dated February 9, 2011. By decision and order on motion of this Court dated May 6, 2011, a cross motion by the attorney for the children to dismiss the appeals as untimely taken was denied on condition that on or before May 19, 2011, the appellant serve the notice of appeal, which was timely filed, upon counsel for the respondent and the attorney for the children (see CPLR 5520[a]), and file proof of service with the Clerk of this Court. The appellant has not filed proof of service of the notice of appeal.

Now, on the Court's own motion, it is

ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with the decision and order on motion dated May 6, 2011.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court