| Matter of Kyle v McClellan |
| Motion No: 2015-03262 |
| Slip Opinion No: 2015 NY Slip Op 80417(U) |
| Decided on July 30, 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
M196266
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
THOMAS A. DICKERSON
BETSY BARROS, JJ.
|
2015-03262 In the Matter of Elizabeth Kyle, appellant, v James B. McClellan III, respondent. (Docket Nos. V-573-15/15A, V-574-15/15A)
| DECISION & ORDER ON MOTION |
Appeal by Elizabeth Kyle from an order of the Family Court, Orange County, dated March 6, 2015. By order to show cause dated June 12, 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 May 1, 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 May 1, 2015, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
DILLON, J.P., LEVENTHAL, DICKERSON and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court