Matter of Howell v Baker
Motion No: 2011-08641
Slip Opinion No: 2012 NY Slip Op 62447(U)
Decided on January 26, 2012
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

M132098

E/nl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2011-08641

In the Matter of Syreeta S. Howell, respondent,

v Willie Baker, appellant.

(Docket No. U-577-97/10D)

DECISION & ORDER ON MOTION

Appeal by Willie Baker from an order of the Family Court, Suffolk County, dated August 9, 2011. By order to show cause dated November 30, 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 October 13, 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 13, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

RIVERA, J.P., ENG, LOTT and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court