Matter of Hogan v Kellahar
Motion No: 2010-04613
Slip Opinion No: 2010 NY Slip Op 81196(U)
Decided on September 1, 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

M107720

E/ct

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS, JJ.

2010-04613

In the Matter of Edward J. Hogan, appellant,

v Ingrid M. Kellahar, respondent.

(Docket No. F-933-99)

DECISION & ORDER ON MOTION

Appeal by Edward J. Hogan from an order of the Family Court, Suffolk County, dated April 5, 2010. By order to show cause dated July 22, 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 May 27, 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 May 27, 2010, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).

MASTRO, J.P., SANTUCCI, ANGIOLILLO and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court