Matter of Sullivan v Sullivan
Motion No: 2011-02723
Slip Opinion No: 2011 NY Slip Op 76722(U)
Decided on June 27, 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

M122119

E/ct

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-02723

In the Matter of Adina Sullivan, respondent,

v Sean Sullivan, appellant.

(Docket No. F-1000-09/10B)

DECISION & ORDER ON MOTION

Appeal by Sean Sullivan from an order of the Family Court, Nassau County, dated December 2, 2010. By order to show cause dated May 19, 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 April 4, 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 no papers having been filed in response thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated April 4, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

DILLON, J.P., CHAMBERS, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court