| Matter of Stueben v Stueben |
| Motion No: 2016-12895 |
| Slip Opinion No: 2017 NY Slip Op 72427(U) |
| Decided on May 3, 2017 |
| 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
M230332
E/afa
RANDALL T. ENG, P.J.
LEONARD B. AUSTIN
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
|
2016-12895 In the Matter of Robert Stueben, appellant, v Sandra Stueben, respondent (Docket No. F-5442-14/16B)
| DECISION & ORDER ON MOTION |
Appeal by Robert Stueben from an order of the Family Court, Dutchess County, dated October 25, 2016. By order to show cause dated February 24, 2017, 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 December 22, 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 December 22, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
ENG, P.J., AUSTIN, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court