Matter of Franco v Franco
Motion No: 2017-04820
Slip Opinion No: 2017 NY Slip Op 91518(U)
Decided on November 3, 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

M240709

E/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2017-04820

In the Matter of Victor M. Franco, appellant,

v Alisa M. Franco, respondent.

(Docket No. F-6954-09/16H)

DECISION & ORDER ON MOTION

Appeal by Victor M. Franco from an order of the Family Court, Suffolk County, dated March 21, 2017. By decision and order on motion of this Court dated June 29, 2017, the appellant's time to comply with a scheduling order dated May 15, 2017, was extended and, within 30 days of the date of the decision and order on motion dated June 29, 2017, the appellant was directed to file in the office of the Clerk of this Court an affidavit or affirmation containing certain material. 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 comply with the scheduling order dated May 15, 2017 (see 22 NYCRR 670.4[a][2]).

DILLON, J.P., BALKIN, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court