Matter of Phillips v Johnson
Motion No: 2008-11078
Slip Opinion No: 2009 NY Slip Op 89548(U)
Decided on November 24, 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

M94844

M/cb

REINALDO E. RIVERA, J.P.

MARK C. DILLON

HOWARD MILLER

SHERI S. ROMAN, JJ.

2008-11078

In the Matter of Judy F. Phillips, appellant,

v Beryl N. Johnson, et al., respondents.

(Proceeding No. 1)

In the Matter of Longford Thomas, petitioner-

respondent, v Beryl N. Johnson, respondent,

Judy F. Phillips, appellant.

(Proceeding No. 2)

(Docket Nos. V-05687-07, V-4816-08)

DECISION & ORDER ON MOTION

Appeal by Judy F. Phillips from a corrected modified order of the Family Court, Nassau County, dated December 4, 2008. By order to show cause dated October 14, 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 upon the appellant's failure to appear at a reconstruction hearing.

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.

RIVERA, J.P., DILLON, MILLER and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court