Appellate Division: Second Judicial Department

M132117

E/nl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-08697 In the Matter of Christopher C. (Anonymous). Dutchess County Department of Social Services, respondent; Sherwin C. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Nicholas C. (Anonymous). Dutchess County Department of Social Services, respondent; Sherwin C. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Steven C. (Anonymous). Dutchess County Department of Social Services, respondent; Sherwin C. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. N-453/10, N-454/10, N-455/10, N-453/10/10B, N-454/10/10B, N-455/10/10B)

DECISION & ORDER ON MOTION

Appeal by Sherwin C. from an order of the Family Court, Dutchess County, dated August 17, 2011. By order to show cause dated November 25, 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 proceedings for failure to comply with a scheduling order dated October 6, 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 to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated October 6, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

BALKIN, J.P., LEVENTHAL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court