Matter of Butler v Youngquist
Motion No: 2009-11662
Slip Opinion No: 2010 NY Slip Op 69245(U)
Decided on April 21, 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

M101693

M/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2009-11662

In the Matter of Charles David Butler II,

appellant, v Marilyn Youngquist, respondent.

(Docket Nos. V-674-09, V-675-09)

DECISION & ORDER ON MOTION

Appeal by Charles David Butler II, from an order of the Family Court, Suffolk County, dated October 30, 2009. By order to show cause dated March 22, 2010, 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 comply with a scheduling order dated January 5, 2010, issued pursuant to 22 NYCRR 670.4(a)(2).

Now on the court's own motion, and the papers filed in opposition or relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.

DILLON, J.P., BALKIN, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court