Matter of Smith v Annucci
Motion No: 2022-10574
Slip Opinion No: 2024 NY Slip Op 65119(U)
Decided on April 1, 2024
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

M295403

AFA/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

CARL J. LANDICINO, JJ.

2022-10574

In the Matter of Jory Smith, appellant,

v Anthony J. Annucci, etc., respondent.

(Index No. 260/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Dutchess County, dated September 21, 2022. The appeal was purportedly perfected by submitting an appellant's brief on January 8, 2024, but the appellant has failed to pay the required filing fee.

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to timely perfect based upon failure to pay the filing fee (see CPLR 8022[b]; 22 NYCRR 1250.17[a][1]).

CONNOLLY, J.P., CHRISTOPHER, WARHIT and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court