| Matter of Dixon v Portes |
| Motion No: 2010-00132 |
| Slip Opinion No: 2010 NY Slip Op 67639(U) |
| Decided on April 6, 2010 |
| 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. |
Appellate Division: Second Judicial Department
M100699
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
ANITA R. FLORIO
RUTH C. BALKIN, JJ.
|
2010-00132 In the Matter of Jodie A. Dixon, respondent, v German Portes, appellant. (Docket No. F-00055-09)
| DECISION & ORDER ON MOTION |
Appeal by German Portes from an order of the Family Court, Suffolk County, dated October 26, 2009. By order to show cause dated March 2, 2010, 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 January 11, 2010, 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 no papers having been 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 January 11, 2010, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).
RIVERA, J.P., DILLON, FLORIO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court