Matter of W.-N. (Anonymous), Matthew; Dutchess Count
Motion No: 2011-02727
Slip Opinion No: 2011 NY Slip Op 79444(U)
Decided on July 28, 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

M123549

E/mv

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2011-02727

In the Matter of Matthew W.-N. (Anonymous).

Dutchess County Department of Social Services,

petitioner-respondent; William W. (Anonymous),

appellant, et al., respondent.

(Docket No. N-630/11)

DECISION & ORDER ON MOTION

Appeal by William W. from an order of the Family Court, Dutchess County, dated February 15, 2011. 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 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 April 4, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court