Matter of Sowinski v Collins
Motion No: 2009-06223
Slip Opinion No: 2009 NY Slip Op 89549(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

M94848

M/cb

REINALDO E. RIVERA, J.P.

MARK C. DILLON

HOWARD MILLER

SHERI S. ROMAN, JJ.

2009-06223

In the Matter of Joe and Rita Sowinski,

petitioners-respondents,

v Daniel Collins III, et al., respondents;

Noel and Daniel Collins, Jr., nonparty-appellants.

(Proceeding No. 1)

In the Matter of Noel and Daniel Collins, Jr.,

appellants, v Daniel Collins, et al., respondents;

Joe and Rita Sowinski, nonparty-respondents.

(Proceeding No. 2)

(Docket Nos. V-01776-09, V-01794-09.

V-02068-09, V-02074-09)

DECISION & ORDER ON MOTION

Appeal by Noel and Daniel Collins, Jr., from an order of the Family Court, Suffolk County, dated June 1, 2009. By order to show cause dated October 13, 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 perfect the above-entitled appeal upon the receipt of the transcripts, pursuant to the scheduling order dated July 20, 2009.

Now on the court's own motion, and the papers filed in 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