Matter of Powell v Hudock
Motion No: 2010-01499
Slip Opinion No: 2010 NY Slip Op 91153(U)
Decided on December 17, 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

M112833

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2010-01499

In the Matter of Eric C. Powell, respondent,

v Cecelia M. Hudock, appellant.

(Docket Nos. V-04569-07, V-04568-07)

DECISION & ORDER ON MOTION

Appeal by Cecelia M. Hudock from an order of the Family Court, Dutchess County, dated December 11, 2009. By order to show cause dated October 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 September 9, 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 9, 2010, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).

DILLON, J.P., ANGIOLILLO, BELEN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court