| Matter of Benson v Benson |
| Motion No: 2013-04197 |
| Slip Opinion No: 2013 NY Slip Op 88677(U) |
| Decided on October 17, 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. |
Appellate Division: Second Judicial Department
M163854
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX, JJ.
|
2013-04197 In the Matter of Debra Benson, respondent, v Eric Benson, appellant. (Docket No. O-543-13)
| DECISION & ORDER ON MOTION |
Appeal by Eric Benson from an order of the Family Court, Suffolk County, dated March 25, 2013. By order to show cause dated August 20, 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 of this Court dated April 23, 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 23, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
RIVERA, J.P., DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court