Matter of Simmons v White
Motion No: 2014-07731
Slip Opinion No: 2014 NY Slip Op 92745(U)
Decided on December 12, 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

M184158

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2014-07731

In the Matter of Janet Simmons, respondent,

v Everton White, appellant.

(Docket No. O-18573-13)

DECISION & ORDER ON MOTION

Appeal by Everton White from an order of the Family Court, Queens County, dated June 30, 2014. By order to show cause dated October 17, 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 proceeding for failure to comply with a scheduling order dated August 29, 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 August 29, 2014, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

ENG, P.J., RIVERA, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court