Martin v. Tate

Full title: In the Matter of Kevin Martin, appellant, v. Teresa Tate, respondent.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Apr 29, 2013

2013 N.Y. Slip Op. 72140 (N.Y. App. Div. 2013)

Opinion

2012-10227 Index No. F-03606-12 M155492

04-29-2013

In the Matter of Kevin Martin, appellant, v. Teresa Tate, respondent.

RUTH C. BALKIN

, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Appeal by Kevin Martin from an order of the Family Court, Westchester County, dated September 28, 2012. By order to show cause dated March 7, 2013, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a decision and order on motion of this Court dated January 17, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this Court dated January 17, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

BALKIN, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court