Matter of Wilcox-Smith v Smith
Motion No: 2010-10194
Slip Opinion No: 2011 NY Slip Op 76573(U)
Decided on June 23, 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

M121892

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2010-10194

In the Matter of Janice Wilcox-Smith,

respondent, v Harold Smith, appellant.

(Docket Nos. F-14205-09, F-14863-09)

DECISION & ORDER ON MOTION

Appeal by Harold Smith from an order of the Family Court, Westchester County, dated August 12, 2010. By scheduling order of this Court dated April 21, 2011, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal was enlarged June 6, 2011. The appellant has not perfected the appeal.

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules and scheduling order of this Court (see 22 NYCRR 670.4[a][2], 670.8[e]).

RIVERA, J.P., FLORIO, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court