Matter of Kowalski v Kowalski
Motion No: 2013-05403
Slip Opinion No: 2013 NY Slip Op 94511(U)
Decided on December 17, 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

M166901

E/mv

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2013-05403

In the Matter of Lydia Kowalski, respondent,

v Jerome Kowalski, appellant.

(Docket No. F-157-01)

DECISION & ORDER ON MOTION

Appeal by Jerome Kowalski an order of the Family Court, Nassau County, dated April 3, 2013. By order to show cause dated November 13, 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 in the above-entitled proceeding for failure to comply with a decision and order on motion of this Court dated September 26, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

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, for failure to comply with the decision and order on motion of this Court dated September 26, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

DILLON, J.P., ANGIOLILLO, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court