Matter of Franklyn v Thompson
Motion No: 2015-04076
Slip Opinion No: 2015 NY Slip Op 91460(U)
Decided on November 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

M202081

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2015-04076

In the Matter of Brian Franklyn, appellant,

v Takkemia Thompson, respondent.

(Docket No. F-5305-11/14C)

DECISION & ORDER ON MOTION

Appeal by Brian Franklyn from an order of the Family Court, Kings County, dated March 31, 2015. By decision and order on motion of this Court dated September 10, 2015, the appellant was directed to file an affidavit or affirmation in the office of the Clerk of this Court pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]) on or before October 15, 2015. The appellant has failed to file the affidavit or affirmation.

Now, on the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to file the affidavit or affirmation in accordance with the decision and order on motion of this Court dated September 10, 2015 (see 22 NYCRR 670.4[a][2]).

RIVERA, J.P., LEVENTHAL, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court