Matter of Henry v Southwell
Motion No: 2012-09500
Slip Opinion No: 2013 NY Slip Op 67672(U)
Decided on March 18, 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

M153065

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2012-09500

In the Matter of Kasan Williams Henry, appellant,

v Dermot Southwell, respondent.

(Docket Nos. V-202/12, V-1386/12)

DECISION & ORDER ON MOTION

Appeal by Kasan Williams Henry from an order of the Family Court, Suffolk County, dated August 27, 2012. By order to show cause dated January 18, 2013, 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 proceedings for failure to comply with a scheduling order dated November 19, 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 the papers 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 November 19, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

BALKIN, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court