Matter of Dey-Foy v Dey-Foy
Motion No: 2010-03579
Slip Opinion No: 2012 NY Slip Op 69673(U)
Decided on April 6, 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

M135741

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2010-03579

In the Matter of Stacey Dey-Foy, respondent,

v Ojari Dey-Foy, appellant.

(Docket No. U-20972-09)

DECISION & ORDER ON MOTION

Appeal by Ojari Dey-Foy from an order of the Family Court, Suffolk County, dated March 16, 2010. By order to show cause dated December 13, 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 on the ground that the appellant had abandoned the appeal by failing to respond to correspondence from this Court requesting information regarding his military service.

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 (see 22 NYCRR 670.4[a], 670.8[e]).

DILLON, J.P., ENG, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court