Matter of Dupoux v D'Haiti
Motion No: 2012-04916
Slip Opinion No: 2012 NY Slip Op 92434(U)
Decided on December 5, 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

M147403

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2012-04916

In the Matter of Jean W. Dupoux, appellant,

v Noyese D'Haiti, respondent.

(Proceeding No. 1)

In the Matter of Noyese D'Haiti, respondent,

v Jean W. Dupoux, appellant.

(Proceeding No. 2)

(Docket Nos. V-7748-10/12E, F,

V-7748-10/12E)

DECISION & ORDER ON MOTION

Appeal by Jean W. Dupoux from an order of the Family Court, Nassau County, dated April 30, 2012. By order to show cause dated October 24, 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 decision and order on motion of this Court dated September 7, 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 decision and order on motion of this Court dated September 7, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

SKELOS, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court