Matter of Samuels v Samuels
Motion No: 2010-00222
Slip Opinion No: 2010 NY Slip Op 67656(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M100717

E/sl

JOSEPH COVELLO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2010-00222

In the Matter of Carol Samuels, respondent,

v Dwayne A. Samuels, appellant.

(Docket Nos. V-7787-09, V-7788-09,

V-7789-09)

DECISION & ORDER ON MOTION

Appeal by Dwayne A. Samuels from an order of the Family Court, Nassau County, dated December 2, 2009. By order to show cause dated March 4, 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 20, 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 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 January 20, 2010, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).

COVELLO, J.P., SANTUCCI, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court