Matter of Nenninger v Tonnessen
Motion No: 2012-05603
Slip Opinion No: 2012 NY Slip Op 92462(U)
Decided on December 5, 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

M147435

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2012-05603

In the Matter of Donald J. Nenninger, Jr.,

appellant, v Holly L. Tonnessen, respondent.

(Docket No. F-7768-06/11G)

DECISION & ORDER ON MOTION

Appeal by Donald J. Nenninger, Jr., from an order of the Family Court, Suffolk County, dated April 3, 2012. By decision and order on motion of this Court dated September 28, 2012, the Court directed the appellant to file an affidavit or affirmation containing certain information on or before October 29, 2012, and stated that in the event the appellant failed to comply, the Court, on its own motion, would dismiss the appeal without further notice. The appellant has failed to file the affidavit or affirmation as set forth above.

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 September 28, 2012.

ANGIOLILLO, J.P., DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court