Matter of H. (Anonymous), Ellis; Suffolk County Department
Motion No: 2012-08662
Slip Opinion No: 2013 NY Slip Op 62230(U)
Decided on January 22, 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

M149939

E/sl

RUTH C. BALKIN, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-08662

In the Matter of Ellis H. (Anonymous).

Suffolk County Department of Social Services,

respondent; Marvin H. (Anonymous), appellant.

(Docket No. N-2438-12)

DECISION & ORDER ON MOTION

Appeal by Marvin H. from an order of the Family Court, Suffolk County, dated July 23, 2012. By order to show cause dated December 12, 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 24, 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 24, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

BALKIN, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court