Matter of Percer v Francis
Motion No: 2009-02348
Slip Opinion No: 2009 NY Slip Op 74637(U)
Decided on June 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M87719

M/cb

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2009-02348

In the Matter of Alonzo Percer, appellant,

v Kara Francis, respondent.

(Docket Nos. V-00141-08, V-00142-08)

DECISION & ORDER ON MOTION

Appeal by Alonzo Percer from an order of the Family Court, Suffolk County, dated February 26, 2009. By order to show cause dated April 29, 2009, the parties or their attorneys were directed to show cause 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 March 18, 2009, 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 motion is granted and the appeal is dismissed, without costs or disbursements.

FISHER, J.P., FLORIO, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court