Matter of Wallace v Glenn
Motion No: 2010-01696
Slip Opinion No: 2010 NY Slip Op 74451(U)
Decided on June 15, 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

M104269

E/ct

STEVEN W. FISHER, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2010-01696

In the Matter of Donald A. Wallace,

appellant, v Vera Glenn, respondent.

(Proceeding No. 1)

In the Matter of Vera Glenn, respondent,

v Donald A. Wallace, appellant.

(Proceeding No. 2)

(Docket Nos. V-16363-92, V-6250-06,

V-15197-07)

DECISION & ORDER ON MOTION

Appeal by Donald A. Wallace from an order of the Family Court, Kings County, dated January 4, 2010. By order to show cause dated May 10, 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 March 26, 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 26, 2010, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).

FISHER, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court