Matter of Alphonse v Alphonse
Motion No: 2017-06636
Slip Opinion No: 2018 NY Slip Op 61218(U)
Decided on January 10, 2018
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

M244426

E/rr

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2017-06636

In the Matter of Andrena Alphonse, respondent,

v Alfred Alphonse, appellant.

(Docket No. O-20523-15)

DECISION & ORDER ON MOTION

Appeal by Alfred Alphonse from an order of the Family Court, Kings County, dated May 16, 2017. By decision and order on motion of this Court dated November 14, 2017, within 30 days after the date of the decision and order on motion, the appellant was directed to file in the office of the Clerk of this Court an affidavit or affirmation stating that the transcript had been received and indicating the date that it was received, or, if the transcript had not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript was expected. 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 decision and order on motion of this Court dated November 14, 2017 (see 22 NYCRR 670.4[a][2],[4]).

DILLON, J.P., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court