West v West
Motion No: 2011-10282
Slip Opinion No: 2012 NY Slip Op 64279(U)
Decided on February 15, 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

M133251

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-10282

Mark West, appellant,

v Denise West, respondent.

(Index No. 9245-11)

DECISION & ORDER ON MOTION

Appeal by Mark West from an order of the Supreme Court, Suffolk County, dated October 7, 2011. By order to show cause dated January 11, 2012, 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 November 18, 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 November 18, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

DILLON, J.P., FLORIO, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court