| Matter of Annibell v Annibell |
| Motion No: 2010-05540 |
| Slip Opinion No: 2010 NY Slip Op 83669(U) |
| Decided on September 29, 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. |
Appellate Division: Second Judicial Department
M108822
E/sl
JOSEPH COVELLO, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
L. PRISCILLA HALL, JJ.
|
2010-05540 In the Matter of John Annibell, respondent, v Elysia D. Annibell, appellant. (Docket No. O-07960-10)
| DECISION & ORDER ON MOTION |
Appeal by Elysia D. Annibell from an order of the Family Court, Suffolk County, dated May 11, 2010. By order to show cause dated August 26, 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 June 21, 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 June 21, 2010, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).
COVELLO, J.P., LEVENTHAL, BELEN and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court