| Matter of Celestin v Roger |
| Motion No: 2013-02895 |
| Slip Opinion No: 2013 NY Slip Op 88679(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
M163858
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX, JJ.
|
2013-02895 In the Matter of Gertrude Celestin, respondent, v Gary Roger, appellant. (Docket No. F-13929-04/11H)
| DECISION & ORDER ON MOTION |
Appeal by Gary Roger from an order of the Family Court, Kings County, dated January 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 dated June 4, 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 June 4, 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