| Matter of Bittenbender v Gary |
| Motion No: 2013-04465 |
| Slip Opinion No: 2013 NY Slip Op 92148(U) |
| Decided on November 21, 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
M165485
E/sl
THOMAS A. DICKERSON, J.P.
L. PRISCILLA HALL
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2013-04465 In the Matter of Michelle Bittenbender, et al., respondents, v Jimmy L. Gary, Jr., appellant. (Docket No. U-24927-11)
| DECISION & ORDER ON MOTION |
Appeal by Jimmy L. Gary, Jr., from an order of the Family Court, Kings County, dated March 6, 2013. By order to show cause dated October 11, 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 decision and order on motion of this Court dated August 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 August 23, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
DICKERSON, J.P., HALL, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court