| Matter of King v Clearwater |
| Motion No: 2012-03952 |
| Slip Opinion No: 2012 NY Slip Op 85909(U) |
| Decided on September 28, 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
M144262
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2012-03952
In the Matter of Tammy B. King, respondent, v Gary Clearwater, appellant. (Docket No. F-11998-07/11H)
| DECISION & ORDER ON MOTION |
Appeal by Gary Clearwater from an order of the Family Court, Westchester County, dated March 2, 2012. By order to show cause dated August 22, 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 June 26, 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 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 June 26, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
DILLON, J.P., BALKIN, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court