Matter of North v Yeagley
Motion No: 2012-08015
Slip Opinion No: 2013 NY Slip Op 61587(U)
Decided on January 15, 2013
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

M149597

E/ct

REINALDO E. RIVERA, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2012-08015

In the Matter of Jo Lynette North, appellant,

v Christine A. Yeagley, et al., respondents.

(Docket No. V-3804-11)

DECISION & ORDER ON MOTION

Appeal by Jo Lynette North from an order of the Family Court, Orange County, dated May 29, 2012. By order to show cause dated November 26, 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 October 4, 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 October 4, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

RIVERA, J.P., LOTT, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court