Matter of Weiner v Weiner
Motion No: 2014-05245
Slip Opinion No: 2015 NY Slip Op 67863(U)
Decided on March 23, 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

M189471

S/sl

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

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated March 18, 2015, is recalled and vacated and the following decision and order on motion is substituted therefor:

Appeals by Don Weiner from three orders of the Family Court, Suffolk County, two dated February 3, 2014, and one dated March 24, 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, 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]).

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

ENTER:

Aprilanne Agostino

Clerk of the Court