| Matter of Gilard-Sullivan v Sullivan |
| Motion No: 2012-02931 |
| Slip Opinion No: 2012 NY Slip Op 80242(U) |
| Decided on July 31, 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. |
Appellate Division: Second Judicial Department
M141516
H/ct
ANITA R. FLORIO, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2012-02931 In the Matter of Ann Gilard-Sullivan, etc., respondent, v Sean Sullivan, appellant. (Docket No. F-9777-11)
| DECISION & ORDER ON MOTION |
Appeal by Sean Sullivan from an order of the Family Court, Kings County, dated February 16, 2012. By order to show cause dated June 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 April 19, 2012, 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 the papers filed in response thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,
ORDERED that the motion to dismiss the appeal for failure to comply with the scheduling order dated April 19, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]) is denied as academic.
FLORIO, J.P., LEVENTHAL, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court