Matter of Senior v Ward
Motion No: 2012-10624
Slip Opinion No: 2013 NY Slip Op 76881(U)
Decided on June 13, 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

M157869

E/ct

MARK C. DILLON, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

SYLVIA HINDS-RADIX, JJ.

2012-10624

In the Matter of Simone Senior, respondent,

v Alton Dawan Ward, appellant.

(Docket No. O-16064-12)

DECISION & ORDER ON MOTION

Appeal by Alton Dawan Ward from an order of the Family Court, Queens County, dated November 8, 2012. By order to show cause dated May 3, 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 December 12, 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 December 12, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

DILLON, J.P., ROMAN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court