| Matter of Holley, Sr. v Flood |
| Motion No: 2011-03413 |
| Slip Opinion No: 2011 NY Slip Op 82042(U) |
| Decided on August 25, 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. |
Appellate Division: Second Judicial Department
M124852
E/sl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
|
2011-03413 In the Matter of Daryl W. Holley, Sr., appellant, v Patrice Flood, respondent. (Docket No. F-8876-06/10C)
| DECISION & ORDER ON MOTION |
Appeal by Daryl W. Holley, Sr., from an order of the Family Court, Suffolk County, dated February 23, 2011. By order to show cause dated June 29, 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 May 12, 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 appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated May 12, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
ANGIOLILLO, J.P., FLORIO, LOTT and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court