Matter of Vogel v Garner
Motion No:
Slip Opinion No: 2011 NY Slip Op 84309(U)
Decided on September 21, 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

M125881

E/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2011-02457

In the Matter of Gerald Vogel, appellant,

v Amy Garner, respondent.

(Docket No. F-1544-08/10B)

DECISION & ORDER ON MOTION

Appeal by Gerald Vogel from an order of the Family Court, Orange County, dated January 13, 2011. By decision and order on motion of this Court dated June 10, 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 670.9[d][2]) and by serving and filing the appellant's brief on the appeal was enlarged until July 27, 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 670.4[a], 670.8.[e]) and prior order of the Court.

DILLON, J.P., BALKIN, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court