Matter of Desir v Desir
Motion No: 2013-04682
Slip Opinion No: 2013 NY Slip Op 82020(U)
Decided on August 12, 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

M160460

E/ct

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-04682

In the Matter of Wilfrid Desir, appellant,

v Jessie Desir, respondent.

(Docket Nos. V-13922-12/12A, V-13923-12/12A)

DECISION & ORDER ON MOTION

Appeal by Wilfrid Desir from an order of the Family Court, Suffolk County, dated March 22, 2013. By order to show cause dated June 26, 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 May 14, 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 May 14, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

RIVERA, J.P., SKELOS, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court