Matter of Torain v Latimer
Motion No: 2013-03366
Slip Opinion No: 2013 NY Slip Op 86525(U)
Decided on September 26, 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

M162868

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2013-03366

In the Matter of Nikki Paulette Torain, respondent,

v David Christopher Latimer, appellant.

(Docket Nos. F-13002-05/09E, F-13002-05/09F)

DECISION & ORDER ON MOTION

Appeal by David Christopher Latimer from an order of the Family Court, Westchester County, dated February 13, 2013. By decision and order on motion of this Court dated August 9, 2013, the appellant was directed to file in the office of the Clerk of this Court proof that the transcript has been ordered and paid for, and the date by which the transcript is expected. The appellant has not complied with the order.

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 August 9, 2013.

ENG, P.J., BALKIN, LOTT and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court