Matter of Johns v Johns
Motion No: 2009-03438
Slip Opinion No: 2009 NY Slip Op 75675(U)
Decided on June 19, 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

M88263

M/cb

MARK C. DILLON, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2009-03438

In the Matter of Keith Johns, respondent,

v Michael Johns, appellant.

(Docket No. O-03486-09)

DECISION & ORDER ON MOTION

Appeal by Michael Johns from an order of the Family Court, Suffolk County, dated March 19, 2009. By order to show cause dated June 2, 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 April 24, 2009, issued pursuant to 22 NYCRR 670.4(a)(2).

Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.

DILLON, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court