Matter of Commissioner of Social Services, on behalf of Fabe
Motion No: 2016-06877
Slip Opinion No: 2016 NY Slip Op 90002(U)
Decided on October 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

M220598

E/ct

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2016-06877

In the Matter of Commissioner of Social

Services, on behalf of Shannon Faber,

respondent, v Max Sandmeier, appellant.

(Docket No. F-206-05/15L)

DECISION & ORDER ON MOTION

Appeal by Max Sandmeier from an order of the Family Court, Orange County, dated April 6, 2016. By order to show cause dated September 12, 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 July 14, 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 July 14, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

HALL, J.P., SGROI, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court