Matter of Weiner v Weiner
Motion No: 2014-05245
Slip Opinion No: 2015 NY Slip Op 67368(U)
Decided on March 18, 2015
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

M189140

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2014-05245, 2014-05246, 2014-05247

In the Matter of Maryann Weiner, respondent,

v Don Weiner, appellant.

(Docket No. F-5493-13/13A/B)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from three orders of the Family Court, Suffolk County, two dated February 3, 2014, and one dated March 24, 2014, for leave to reargue his prior renewed motion for leave to reargue those branches of his prior motion which were to waive the filing fee and for free transcripts, which were denied by decision and order on motion of this Court dated August 21, 2014. By order to show cause dated February 2, 2015, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with the decision and order on motion dated November 17, 2014, 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 the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto it is

ORDERED that the motion to dismiss the appeals is granted, and the appeals are dismissed, without costs or disbursements, for failure to comply with the decision and order on motion dated November 17, 2014, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]); and it is further,

ORDERED that the appellant's motion is denied as academic.

SKELOS, J.P., BALKIN, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court