Matter of Gorsky v Kessler
Motion No: 2013-08490
Slip Opinion No: 2014 NY Slip Op 68187(U)
Decided on April 1, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M171700

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-08490

In the Matter of Lynda Gorsky, respondent

v Lex Kessler, also known as John Alexan

Kessler, appellant.

(Docket Nos. F-9828-06/09H, F-9828-06/

F-9828-06/11J)

DECISION & ORDER ON MOTION

,
der


09I,

Appeal by Lex Kessler, also known as John Alexander Kessler, from an order of the Family Court, Westchester County, dated July 25, 2013. By order to show cause dated February 7, 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 proceedings for failure to comply with a scheduling order dated September 26, 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 September 26, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

DILLON, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court