| Matter of Muckle v Gentle |
| Motion No: 2012-10175 |
| Slip Opinion No: 2013 NY Slip Op 72882(U) |
| Decided on May 6, 2013 |
| 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. |
Appellate Division: Second Judicial Department
M155821
E/nl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SYLVIA HINDS-RADIX, JJ.
|
2012-10175 In the Matter of Patricia Muckle, respondent, v Elwin Gentle, appellant. (Docket No. F-3212-99/11H)
| DECISION & ORDER ON MOTION |
Appeal by Elwin Gentle from an order of the Family Court, Westchester County, dated October 9, 2012. By decision and order on motion of this Court dated March 19, 2013, the Court directed the appellant to file an affidavit or affirmation with the Clerk of this Court on or before April 18, 2013, in accordance with a scheduling order dated December 5, 2012, issued pursuant to § 670.4(a) of the rules of this Court (see 22 NYCRR 670.4[a][5]), and in the event that the appellant failed to comply, the Court, on its own motion, would dismiss the appeal without further notice. The appellant has not filed the affidavit or affirmation as set forth above.
Now, on 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 March 19, 2013.
DILLON, J.P., LEVENTHAL, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court