Matter of Daughtry v Jacobs
Motion No: 2016-10702
Slip Opinion No: 2017 NY Slip Op 67859(U)
Decided on March 22, 2017
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

M227973

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2016-10702

In the Matter of Evangeline Daughtry, respondent,

v Kenneth Jacobs, appellant.

(Docket No. F-21812-04/13E)

DECISION & ORDER ON MOTION

Appeal by Kenneth Jacobs from an order of the Family Court, Kings County, dated August 23, 2016. By decision and order on motion of this Court dated January 26, 2017, the appellant's time to respond to the scheduling order dated October 27, 2016, was extended, and the appellant was directed to file an affidavit or affirmation containing certain material within 30 days after the date of the decision and order on motion. The appellant has not complied with the decision and order on motion of this Court dated January 26, 2017.

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 26, 2017, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

BALKIN, J.P., COHEN, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court