Matter of Turner v Turner
Motion No: 2011-00384
Slip Opinion No: 2011 NY Slip Op 71610(U)
Decided on May 3, 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

M117294

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

ANITA R. FLORIO

LEONARD B. AUSTIN, JJ.

2011-00384

In the Matter of Angela Turner, respondent,

v John Turner, appellant.

(Docket No. O-1684/10)

DECISION & ORDER ON MOTION

Appeal by John Turner from an order of the Family Court, Orange County, dated November 4, 2010. By order to show cause dated March 16, 2011, 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 January 28, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 28, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

RIVERA, J.P., SKELOS, FLORIO and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court