Matter of Reese v Rivers
Motion No: 2013-01753
Slip Opinion No: 2013 NY Slip Op 76877(U)
Decided on June 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M157866

E/ct

MARK C. DILLON, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

SYLVIA HINDS-RADIX, JJ.

2013-01753

In the Matter of Yakeisha Reese, respondent,

v Uthman Rivers, appellant.

(Docket No. F-21148-05/12B)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Kings County, dated January 7, 2013. By decision and order on motion of this Court dated April 30, 2013, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that Dimitrius Simmons, who filed the notice of appeal on behalf of Uthman Rivers, is not authorized to file a notice of appeal on behalf of Uthman Rivers.

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see Whitehead v Town House Equities, 8 AD3d 369).

DILLON, J.P., ROMAN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court