| Matter of Bataille v Bataille |
| Motion No: 2015-02011 |
| Slip Opinion No: 2015 NY Slip Op 79076(U) |
| Decided on July 15, 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. |
Appellate Division: Second Judicial Department
M195549
E/sl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2015-02011 In the Matter of Nelie G. Bataille, appellant, v Frantz Bataille, Jr., respondent, Louise Caldeira, respondent-respondent. (Docket No. V-5120-13/14A)
| DECISION & ORDER ON MOTION |
Appeal by Nelie G. Bataille from an order of the Family Court, Nassau County, dated January 20, 2015. By order to show cause dated May 14, 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 proceeding for failure to comply with a scheduling order dated March 27, 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 March 27, 2015, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
DILLON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court