Matter of Root v Root
Motion No: 2016-01323
Slip Opinion No: 2016 NY Slip Op 75096(U)
Decided on May 31, 2016
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

M212373

E/ct

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2016-01323

In the Matter of Rhonda Root, appellant-

respondent, v Bradford Root, respondent-

appellant.

(Docket Nos. F-9988-12/14G, F-9988-12/14H)

DECISION & ORDER ON MOTION

Appeal by Rhonda Root and cross appeal by Bradford Root from an order of the Family Court, Westchester County, dated January 13, 2016. By order to show cause dated April 14, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal by Rhonda Root in the above-entitled proceedings for failure to comply with a scheduling order dated March 3, 2016, 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 by Rhonda Root is granted, and the appeal by Rhonda Root is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated March 3, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court