Matter of Clair v Clair
Motion No: 2009-09358
Slip Opinion No: 2010 NY Slip Op 71885(U)
Decided on May 19, 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

M102996

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2009-09358, 2009-09360

In the Matter of Terisita Clair, respondent,

v Edward P. Clair, appellant.

(Docket No. F-20071-08)

DECISION & ORDER ON MOTION

Appeals by Edward P. Clair from two orders of the Family Court, Suffolk County, dated July 27, 2009, and September 9, 2009. By order to show cause dated April 9, 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated February 25, 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 appeals are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated February 25, 2010, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).

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

ENTER:

James Edward Pelzer

Clerk of the Court