Matter of Sacco v Sacco
Motion No: 2011-00149
Slip Opinion No: 2011 NY Slip Op 92768(U)
Decided on December 13, 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

M130183

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2011-00149

In the Matter of Heather Sacco, respondent,

v Stephen P. Sacco, appellant.

(Docket No. F-2245/08)

DECISION & ORDER ON MOTION

Appeal by Stephen P. Sacco from an order of the Family Court, Westchester County, dated October 6, 2010. By decision and order on motion of this Court dated November 1, 2011, the appellant was directed to file on or before November 28, 2011, an affidavit with the Clerk of this Court stating that the transcripts had been received, or if they had not been received, the date on which they were expected to be completed. The appellant has not filed an affidavit.

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this Court dated November 1, 2011.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court