Appellate Division: Second Judicial Department

M221384

E/afa

L. PRISCILLA HALL, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

BETSY BARROS, JJ.

2016-08193 In the Matter of Renee P.-F. (Anonymous), respondent, v Frank G. (Anonymous), appellant. (Docket Nos. V-6147-14, V-6148-14, P-6149-14, V-6150-14, Z-874-15, V-6147-14/15A)

DECISION & ORDER ON MOTION

Appeal by Frank G. from an order of the Family Court, Orange County, dated August 2, 2016. By order to show cause dated October 5, 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 proceedings for failure to comply with a scheduling order dated August 18, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by the appellant, inter alia, for permission "to proceed with [the] appeal," and to allow the subject children to remain in Sarasota, Florida, pending hearing and determination of the appeal.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition 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 August 18, 2016, 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 granted by the decision and order on motion of this Court dated August 12, 2016, is vacated forthwith; and it is further,

ORDERED that the appellant's motion is denied.

HALL, J.P., COHEN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court