Matter of Marino v Sullivan
Motion No: 2015-00610
Slip Opinion No: 2015 NY Slip Op 73582(U)
Decided on May 19, 2015
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

M192527

E/ct

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2015-00610

In the Matter of Theresa Marino, respondent,

v Joseph Sullivan, appellant.

(Docket Nos. F-3975-12/14E, F-3975-12/14F)

DECISION & ORDER ON MOTION

Appeal by Joseph Sullivan from an order of the Family Court, Suffolk County, dated December 12, 2014. By order to show cause dated April 9, 2015, 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 February 6, 2015, 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 February 6, 2015, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

BALKIN, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court