Matter of Barclay v Hutchinson
Motion No: 2016-12223
Slip Opinion No: 2017 NY Slip Op 86457(U)
Decided on September 20, 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

M237920

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2016-12223

In the Matter of Gloria W. Barclay, respondent,

v Stephen W. Hutchinson, appellant.

(Docket No. F-38441-09/10B)

DECISION & ORDER ON MOTION

Appeal by Stephen W. Hutchinson from an order of the Family Court, Kings County, dated October 11, 2016. By order to show cause dated August 2, 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 decision and order on motion of this Court dated June 5, 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 appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this Court dated June 5, 2017, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

RIVERA, J.P., ROMAN, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court