Matter of Herrera v Siri
2026 NY Slip Op 65361(U)
April 1, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
In the Matter of Mildred Herrera, respondent,
v
Alberto Siri, appellant.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
April 1, 2026
2024-11752, F-5766-2023/2023A
Mark C. Dillon, J.P.
Paul Wooten
Lourdes M. Ventura
Lisa S. Ottley, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from an order of the Family Court, Orange County, dated October 9, 2024, which was dismissed in a decision and order on motion of this Court dated July 7, 2025, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.3[b][2]). Motion by the appellant to vacate the dismissal of the appeal, to extend the time to perfect the appeal, for waiver of costs, fees, and expenses and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is vacate the dismissal of the appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
DILLON, J.P., WOOTEN, VENTURA and OTTLEY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court