| Matter of Streeter v Rodriguez |
| Motion No: 2016-09135 |
| Slip Opinion No: 2016 NY Slip Op 95434(U) |
| Decided on December 28, 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
M223605
E/sl
JOHN M. LEVENTHAL, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
VALERIE BRATHWAITE NELSON, JJ.
|
2016-09135 In the Matter of Arlene Fisher Streeter, respondent, v Herbert Rodriguez, appellant. (Docket No. F-5707-11/13C)
| DECISION & ORDER ON MOTION |
Appeal by Herbert Rodriguez from an order of the Family Court, Rockland County, dated July 1, 2016. By order to show cause dated November 15, 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 September 15, 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 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 scheduling order dated September 15, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
LEVENTHAL, J.P., DICKERSON, AUSTIN and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court