Appellate Division: Second Judicial Department

M169480

E/sl

REINALDO E. RIVERA, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, JJ.

2013-07652 In the Matter of Colin Fairweather, appellant, v Ann E. Powell, respondent. (Docket No. F-14487-10/12E)

DECISION & ORDER ON MOTION

Appeal by Colin Fairweather from an order of the Family Court, Westchester County, dated April 19, 2013. By order to show cause dated December 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 August 8, 2013. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition 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 8, 2013 (see 22 NYCRR 670.4[a][2]); and it is further,

ORDERED that the appellant's motion is denied as academic.

RIVERA, J.P., LOTT, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court