| Matter of Fortune v Wheelwright |
| Motion No: 2013-06698 |
| Slip Opinion No: 2014 NY Slip Op 74425(U) |
| Decided on June 9, 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
M175245
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
ROBERT J. MILLER, JJ.
|
2013-06698 In the Matter of Elliot D. Fortune II, respo v Traci Wheelwright, appellant. (Proceeding No. 1) In the Matter of Traci Wheelwright, appell v Elliot D. Fortune II, respondent. (Proceeding No. 2) (Docket Nos. V-3976-09/11B, V-3977-09/ V-3976-09/12C, V-3977-09/12C)
| DECISION & ORDER ON MOTION ndent, ant, 11B, |
Appeal by Traci Wheelwright from an order of the Family Court, Nassau County, dated May 14, 2013. By order to show cause dated May 2, 2014, the parties 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 March 19, 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 scheduling order dated March 19, 2014, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
RIVERA, J.P., BALKIN, HALL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court