Matter of Turner v Turner
Motion No: 2017-05200
Slip Opinion No: 2017 NY Slip Op 87648(U)
Decided on October 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

M238630

E/sl

RANDALL T. ENG, P.J.

JEFFREY A. COHEN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2017-05200

In the Matter of Janice Rose Turner, respondent,

v Mark Andrew Turner, appellant.

(Docket No. O-115-16)

DECISION & ORDER ON MOTION

Appeal by Mark Andrew Turner from an order of the Family Court, Westchester County, dated April 6, 2017. 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 scheduling order dated May 31, 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 scheduling order dated May 31, 2017, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

ENG, P.J., COHEN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court