Matter of W. (Anonymous), Ashley; Westchester County Dep
Motion No: 2012-11035
Slip Opinion No: 2013 NY Slip Op 69906(U)
Decided on April 9, 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

M154112

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

SYLVIA HINDS-RADIX, JJ.

2012-11035

In the Matter of Ashley W. (Anonymous).

Westchester County Department of Social Services,

respondent; Marcus W. (Anonymous), appellant.

(Docket No. N-6653-08)

DECISION & ORDER ON MOTION

Appeal by Marcus W. from an order of the Family Court, Westchester County, dated November 5, 2012. By order to show cause dated February 14, 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 proceeding for failure to comply with a scheduling order dated January 2, 2013, 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 January 2, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

DILLON, J.P., CHAMBERS, HALL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court