| Matter of Commissioner of Social Services , on behalf of Lew |
| Motion No: 2013-10901 |
| Slip Opinion No: 2014 NY Slip Op 66651(U) |
| Decided on March 17, 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
M171076
E/sl
RANDALL T. ENG, P.J.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
COLLEEN D. DUFFY, JJ.
|
2013-10901 In the Matter of Commissioner of Social Services, on behalf of Marsha Lewis, respondent, v Marco A. Berry, appellant. (Docket Nos. F-5750-03)
| DECISION & ORDER ON MOTION |
Appeal by Marco A. Berry from an order of the Family Court, Kings County, dated September 25, 2013. By order to show cause dated January 30, 2014, 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 December 11, 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 December 11, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
ENG, P.J., DICKERSON, CHAMBERS and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court