Matter of Nelson v Herman
Motion No: 2013-03456
Slip Opinion No: 2013 NY Slip Op 79187(U)
Decided on July 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

M159045

E/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2013-03456

In the Matter of Deborah Nelson, respondent,

v Christopher Herman, appellant.

(Docket No. F-10255-12)

DECISION & ORDER ON MOTION

Appeal by Christopher Herman from an order of the Family Court, Kings County, dated February 19, 2013. By order to show cause dated May 29, 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 April 10, 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 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 April 10, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

SKELOS, J.P., DICKERSON, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court