Matter of Rivera v Fernandez
Motion No: 2013-09501
Slip Opinion No: 2014 NY Slip Op 68197(U)
Decided on April 1, 2014
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

M172044

E/sl

RANDALL T. ENG, P.J.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2013-09501

In the Matter of Jennie Rivera, respondent,

v Edwin Fernandez, appellant.

(Docket No. F-4633-99)

DECISION & ORDER ON MOTION

Appeal by Edwin Fernandez from an order of the Family Court, Kings County, dated August 26, 2013. By decision and order on motion of this Court dated January 31, 2014, the appellant was directed to file in the office of the Clerk of this Court, an affidavit or affirmation containing certain information on or before March 5, 2014. The appellant has failed to file the affirmation or affidavit.

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 January 31, 2014, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

ENG, P.J., MILLER, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court