| Matter of Brown v Wagner |
| Motion No: 2015-11554 |
| Slip Opinion No: 2016 NY Slip Op 77109(U) |
| Decided on June 17, 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. |
Appellate Division: Second Judicial Department
M213389
E/ct
RANDALL T. ENG, P.J.
SANDRA L. SGROI
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2015-11554 In the Matter of Kevin Brown, appellant, v Rhoda Wagner, respondent. (Docket No. F-19352-04/15I)
| DECISION & ORDER ON MOTION |
Appeal by Kevin Brown from an order of the Family Court, Suffolk County, dated October 8, 2015. By order to show cause dated May 16, 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 in the above-entitled proceeding for failure to comply with a scheduling order dated March 28, 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 is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated March 28, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
ENG, P.J., SGROI, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court