| Matter of Francis v Bennett |
| Motion No: 2008-09055 |
| Slip Opinion No: 2009 NY Slip Op 70830(U) |
| Decided on April 29, 2009 |
| 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. |
Appellate Division: Second Judicial Department
M85969
E/cb
ROBERT A. SPOLZINO, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON, JJ.
|
2008-09055 In the Matter of Andrea Francis, appellant, v Reginald Ellis Bennett, respondent. (Docket No. O-37499-07)
| DECISION & ORDER ON MOTION |
Appeal by Andrea Francis from an order of the Family Court, Kings County, dated September 16, 2008. By order to show cause dated March 31, 2009, 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 scheduling order dated February 23, 2009, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated February 23, 2009, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).
SPOLZINO, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court