Matter of Sellers v Landais
Motion No: 2013-10904
Slip Opinion No: 2014 NY Slip Op 70041(U)
Decided on April 22, 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

M172916

E/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2013-10904

In the Matter of David Neal Sellers, appell

v Marcia Landais, respondent.

(Docket No. F-28754-09/11C)

DECISION & ORDER ON MOTION

ant,

Appeal by David Neal Sellers from an order of the Family Court, Kings County, dated September 30, 2013. By order to show cause dated March 13, 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 decision and order on motion of this Court dated January 21, 2014, 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 decision and order on motion dated January 21, 2014, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

DILLON, J.P., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court