Matter of Francois v Francois
Motion No: 2011-01940
Slip Opinion No: 2011 NY Slip Op 75624(U)
Decided on June 14, 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

M121522

E/sl

A. GAIL PRUDENTI, P.J.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2011-01940

In the Matter of Caroline Francois, respondent,

v Herod Francois, appellant.

(Docket No. U-17915-06/10A)

DECISION & ORDER ON MOTION

Appeal by Herod Francois from an order of the Family Court, Kings County, dated January 18, 2011. By order to show cause dated May 5, 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 an order dated March 28, 2011, issued pursuant to § 670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]).

Now, upon the order to show cause and no papers having been 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 March 28, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

PRUDENTI, P.J., ENG, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court