Matter of Gavin v Worner
Motion No: 2016-04280
Slip Opinion No: 2017 NY Slip Op 77303(U)
Decided on June 16, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M233138

E/sl

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2016-04280

In the Matter of Susan R. Gavin, appellant,

v Lawrence J. Worner, respondent.

(Docket No. F-1768-11/15F)

DECISION & ORDER ON MOTION

Appeal by Susan R. Gavin from an order of the Family Court, Orange County, dated April 22, 2016. By order to show cause dated May 5, 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 for failure to comply with a scheduling order dated January 12, 2017, 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 January 12, 2017, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

CHAMBERS, J.P., COHEN, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court