Matter of C. (Anonymous), Viergemaine Olgar, a/k/a C.
Motion No: 2008-08575
Slip Opinion No: 2008 NYSlipOp 90667(U)
Decided on December 3, 2008
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

M79202

M/cb

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2008-08575

In the Matter of Viergemaine Olgar C. (Anonymous),

a/k/a Olgar Viergemaine C. (Anonymous), a/k/a

Olgar C. (Anonymous), a/k/a Olga C. (Anonymous).

MercyFirst, respondent; Jesse S. (Anonymous), a/k/a

Jesse C. (Anonymous), et al., appellants

(Docket No. B-11493-06)

DECISION & ORDER ON MOTION

Separate appeals by Jesse S. and Herbert C. from an order of the Family Court, Kings County, dated August 4, 2008. By order to show cause dated November 10, 2008, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeal by Jesse S. in the above-entitled proceeding for failure to comply with a scheduling order dated September 26, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).

Now on the court's own motion, and the papers filed in opposition or relation thereto, it is

ORDERED that the appeal by Jesse S. is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated September 26, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).

FISHER, J.P., FLORIO, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court