Spata v Kelly
Motion No: 2020-00344
Slip Opinion No: 2021 NY Slip Op 67978(U)
Decided on June 16, 2021
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

M277670

MB/

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2020-00344

Stacey Spata, respondent,

v James Kelly, appellant.

(Index No. 17657/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated December 2, 2019. By decision and order on motion of this Court dated April 7, 2021, the appellant's time to perfect the appeal was extended until June 7, 2021. The appellant has failed to perfect the appeal.

Now, on the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.3[b][2]) and prior order of the Court.

RIVERA, J.P., HINDS-RADIX, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court