Matter of Vias v Aguirre-Vias
Motion No: 2016-00548
Slip Opinion No: 2016 NY Slip Op 79370(U)
Decided on July 12, 2016
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

M214641

E/ct

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2016-00548

In the Matter of Eduardo Vias, appellant,

v Mariana Aguirre-Vias, respondent.

(Docket No. F-3171-15/15A)

DECISION & ORDER ON MOTION

Appeal by Eduardo Vias from an order of the Family Court, Queens County, dated November 12, 2015. By order to show cause dated June 1, 2016, the parties 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 April 14, 2016, 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 April 14, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

BALKIN, J.P., AUSTIN, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court