Appellate Division: Second Judicial Department

M123453

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2010-10230 In the Matter of Laurie J. Muller, appellant, v Robert J. Castagnola, respondent. (Docket No. O-10190/10)

DECISION & ORDER ON MOTION

Appeal by Laurie J. Muller from an order of the Family Court, Nassau County, dated October 19, 2010. By decision and order of this Court dated June 10, 2011, the appellant's time to perfect the appeal was enlarged until July 11, 2011, and so much of a decision and order on motion of this Court dated November 30, 2010, as amended March 25, 2011, as conditioned the reinstatement of a temporary order of protection dated September 28, 2010, upon the perfection of the appeal on or before April 26, 2011, was amended by deleting from the decretal paragraphs thereof the date "April 26, 2011," and substituting therefor the date "July 11, 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 (see 22 NYCRR 670.8[e]) and prior order of the Court; and it is further,

ORDERED that the stay granted by the decision and order on motion dated November 30, 2010, as amended March 25, 2011, and June 10, 2011, is vacated.

BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court