| Matter of Lutz v Lutz |
| Motion No: 2011-00390 |
| Slip Opinion No: 2011 NY Slip Op 77957(U) |
| Decided on July 8, 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. |
Appellate Division: Second Judicial Department
M122801
E/sl
PETER B. SKELOS, J.P.
RANDALL T. ENG
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2011-00390 In the Matter of Melanie Lutz, respondent, v Francis A. Lutz, appellant. (Docket No. F-8065/10)
| DECISION & ORDER ON MOTION |
Appeal by Francis A. Lutz from an order of the Family Court, Suffolk County, dated November 29, 2010. By scheduling order dated May 11, 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 until June 2, 2011. The appellant did not perfect 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 the appeal in accordance with the scheduling order dated May 11, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
SKELOS, J.P., ENG, AUSTIN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court