Matter of Morales v Smith
Motion No: 2017-03725
Slip Opinion No: 2017 NY Slip Op 81556(U)
Decided on August 2, 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

M235374

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2017-03725, 2017-03726

In the Matter of Karen Morales, respondent,

v Scott W. Smith, appellant.

(Docket No. F-3951-16/16C)

DECISION & ORDER ON MOTION

Appeals by Scott W. Smith from two orders of the Family Court, Westchester County, dated December 19, 2016, and March 9, 2017, respectively. By order to show cause dated June 7, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated April 19, 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 no papers having been filed in response thereto, it is

ORDERED that the motion to dismiss the appeals is granted, and the appeals are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated April 19, 2017, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

RIVERA, J.P., DILLON, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court