Matter of McVey v Barnett
Motion No: 2013-04200
Slip Opinion No: 2013 NY Slip Op 85898(U)
Decided on September 19, 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

M162469

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-04200

In the Matter of Timothy W. McVey, appellant,

v Katherine J. Barnett, respondent.

(Docket No. F-2910-12)

DECISION & ORDER ON MOTION

Appeal by Timothy W. McVey from an order of the Family Court, Orange County, dated March 11, 2013. By decision and order on motion of this Court dated July 3, 2013, the appellant was directed to file 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 on or before August 5, 2013. The appellant has not filed the 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 decision and order on motion of this Court dated July 3, 2013 (22 NYCRR 670.4[a][2]).

SKELOS, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court