Matter of Mack v Perez
Motion No: 2011-06963
Slip Opinion No: 2012 NY Slip Op 67007(U)
Decided on March 12, 2012
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

M134676

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

SANDRA L. SGROI, JJ.

2011-06963

In the Matter of Marcia Mack, respondent,

v Tony Perez, appellant.

(Docket No. F-8748/02)

DECISION & ORDER ON MOTION

Appeal by Tony Perez from an order of the Family Court, Kings County, dated July 6, 2011. By decision and order on motion of this Court dated December 16, 2011, the appellant was directed to file in the office of the Clerk of this Court an affidavit or affirmation stating that the transcript had been ordered and paid for, the date thereof and the date by which the transcript was expected, and was advised that if he did not the affidavit or affirmation as directed, the appeal would be dismissed. The appellant has not yet filed an affidavit or affirmation.

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 prior order of the Court.

RIVERA, J.P., LEVENTHAL, CHAMBERS and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court