Matter of N. (Anonymous), Ariell; Matthew; Page; Sien
Motion No: 2009-07363
Slip Opinion No: 2009 NY Slip Op 90457(U)
Decided on December 7, 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

M95552

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2009-07363

In the Matter of Ariell N. (Anonymous).

Administration for Children's Services,

respondent; Matthew N. (Anonymous), appellant.

(Proceeding No. 1)

In the Matter of Matthew N. (Anonymous).

Administration for Children's Services,

respondent; Matthew N. (Anonymous), appellant.

(Proceeding No. 2)

In the Matter of Page N. (Anonymous).

Administration for Children's Services,

respondent; Matthew N. (Anonymous), appellant.

(Proceeding No. 3)

In the Matter of Sienna N. (Anonymous).

Administration for Children's Services,

respondent; Matthew N. (Anonymous), appellant.

(Proceeding No. 4)

In the Matter of Benjamin N. (Anonymous).

Administration for Children's Services,

respondent; Matthew N. (Anonymous), appellant.

(Proceeding No. 5)

In the Matter of Destiny R. (Anonymous).

Administration for Children's Services,

respondent; Matthew N. (Anonymous), appellant.

(Proceeding No. 6)

(Docket Nos. N-17908-08, N-17909-08, N-17910-08,

N-17911-08, N-17912-08, N-17913-08)

DECISION & ORDER ON MOTION

Appeal by Matthew N. from an order of the Family Court, Kings County, dated July 10, 2009. By order to show cause dated October 19, 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 August 17, 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 August 17, 2009, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).

MASTRO, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court