Matter of McMorris v Suffolk County Department of Social
Motion No: 2010-07419
Slip Opinion No: 2011 NY Slip Op 62873(U)
Decided on February 2, 2011
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

M114844

E/ct

MARK C. DILLON, J.P.

JOSEPH COVELLO

ANITA R. FLORIO

L. PRISCILLA HALL, JJ.

2010-07419

In the Matter of Leon McMorris, appellant,

v Suffolk County Department of Social Services

on behalf of Wella Sellers, respondent.

(Docket No. F-05860-10)

DECISION & ORDER ON MOTION

Appeal by Leon McMorris from an order of the Family Court, Suffolk County, dated June 8, 2010. By order to show cause dated December 21, 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 October 20, 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 October 20, 2010, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

DILLON, J.P., COVELLO, FLORIO and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court