Appellate Division: Second Judicial Department

M206024

E/sl

RANDALL T. ENG, P.J.

SANDRA L. SGROI

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2015-09556 In the Matter of Clare Nuccio, respondent, v Michael J. Grace, appellant. (Docket No. V-08455-03)

DECISION & ORDER ON MOTION

Appeal by Michael J. Grace from an order of the Family Court, Suffolk County, dated September 30, 2015. By order to show cause dated December 24, 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 decision and order on motion of this Court dated October 19, 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 the papers 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 decision and order on motion of this Court dated October 19, 2015, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]); and it is further,

ORDERED that the stay of enforcement of the order dated September 30, 2015, and the directive that the subject child shall continue to reside in Suffolk County granted by the decision and order on motion dated October 19, 2015, is vacated.

ENG, P.J., SGROI, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court