| Matter of Waddell v Lazarus |
| Motion No: 2010-08951 |
| Slip Opinion No: 2010 NY Slip Op 90541(U) |
| Decided on December 13, 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
M111807
E/ct
REINALDO E. RIVERA, J.P.
MARK C. DILLON
DANIEL D. ANGIOLILLO
LEONARD B. AUSTIN, JJ.
|
2010-08951 In the Matter of Etta Waddell, respondent, v John Lazarus, appellant. (Docket No. F-29744-09)
| DECISION & ORDER ON MOTION |
Appeal by John Lazarus from an order of the Family Court, Kings County, dated August 23, 2010. By order to show cause dated October 29, 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 September 22, 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 September 22, 2010, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
RIVERA, J.P., DILLON, ANGIOLILLO and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court