| Smith v Smith |
| Motion No: 2018-07562 |
| Slip Opinion No: 2019 NY Slip Op 63048(U) |
| Decided on February 11, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M260068
E/afa
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
|
2018-07562 Alicia M. Smith, respondent, v Dale L. Smith, appellant.
(Index No. 53925/11)
| DECISION & ORDER ON MOTION |
Appeal by Dale L. Smith from a judgment of the Supreme Court, Kings County, dated March 27, 2018. By decision and order on motion of this Court dated October 5, 2018, the appellant was directed to file in the office of the Clerk of this Court an affidavit or affirmation containing certain material, within 30 days after the date of the decision and order on motion. The appellant has failed to comply with the decision and order on motion of this Court dated October 5, 2018.
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 October 5, 2018 (see 22 NYCRR 670.3[b][2]).
BALKIN, J.P., ROMAN, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court