| Matter of Barry v Munsinger |
| Motion No: 2013-08903 |
| Slip Opinion No: 2014 NY Slip Op 60987(U) |
| Decided on January 15, 2014 |
| 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
M167601
E/nl
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX, JJ.
|
2013-08903 In the Matter of Eleanor J. Barry, respondent, v Timothy G. Munsinger, appellant. (Docket Nos. O-4813-12/13A, O-4813-12/13B)
| DECISION & ORDER ON MOTION |
Appeal by Timothy G. Munsinger from an order of the Family Court, Nassau County, dated July 24, 2013. By order to show cause dated November 25, 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 October 7, 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 October 7, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
SKELOS, J.P., BALKIN, LEVENTHAL and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court