Appellate Division: Second Judicial Department

M144471

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2012-04903 In the Matter of Roseline B. (Anonymous), et al., petitioners-respondents, v Marlene B. (Anonymous), respondent, Guy D. (Anonymous), appellant. (Docket No. G-11270/10)

DECISION & ORDER ON MOTION

Appeal by Guy D. from an order of the Family Court, Nassau County, dated February 27, 2012. By order to show cause dated July 31, 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 14, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order entered upon the consent of the appealing party.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, it is

ORDERED that the respondent's motion is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the motion to dismiss the appeal for failure to comply with a scheduling order dated June 14, 2012, is denied as academic.

RIVERA, J.P., DICKERSON, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court