Matter of Samuels v Diaz
Motion No: 2021-07004
Slip Opinion No: 2022 NY Slip Op 61097(U)
Decided on January 31, 2022
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

M281257

AFA/

ANGELA G. IANNACCI, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

WILLIAM G. FORD, JJ.

2021-07004

In the Matter of Shane Michael Samuels,

respondent, v Jose L. Diaz, appellant.

(Docket No. O-21394-2019)

DECISION & ORDER ON MOTION

Appeal by Jose L. Diaz from an order of the Family Court, Westchester County, dated August 25, 2021. By scheduling order of this Court dated December 8, 2021, the appellant's time to perfect the appeal was extended until December 30, 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 of disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.3[b][2]) and prior order of the Court.

IANNACCI, J.P., MILLER, MALTESE and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court