| Matter of Smith v Henry |
| Motion No: 2010-00140 |
| Slip Opinion No: 2010 NY Slip Op 67657(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
M100706
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
ANITA R. FLORIO
RUTH C. BALKIN, JJ.
|
2010-00140 In the Matter of Hillary Smith, respondent, v Devon George Henry, appellant. (Docket No. F-7530-08)
| DECISION & ORDER ON MOTION |
Appeal by Devon George Henry from an order of the Family Court, Kings County, dated November 16, 2009. By order to show cause dated February 25, 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 the papers filed in response to the order to show cause, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that on or before May 6, 2010, the appellant shall file written documentation that he has ordered and paid for the transcript of the proceedings.
RIVERA, J.P., DILLON, FLORIO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court