Matter of Henry v Ellis
Motion No: 2010-01038
Slip Opinion No: 2010 NY Slip Op 71899(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

M102997

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-01038, 2010-01039

In the Matter of Yvonne J. Henry, respondent,

v Uriel S. Ellis, appellant.

(Docket No. F-06309-05)

DECISION & ORDER ON MOTION

Appeals by Uriel S. Ellis from two orders of the Family Court, Nassau County, both dated September 23, 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 March 1, 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 March 1, 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