| Matter of Branch v Fenelon |
| Motion No: 2017-09661 |
| Slip Opinion No: 2018 NY Slip Op 60072(U) |
| Decided on January 2, 2018 |
| 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
M244059
E/afa
L. PRISCILLA HALL, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
FRANCESCA E. CONNOLLY, JJ.
|
2017-09661 In the Matter of David C. Branch, appellant, v Shirley Fenelon, respondent. (Docket No. V-19406-17)
| DECISION & ORDER ON MOTION |
Appeal by David C. Branch from an order of the Family Court, Kings County, dated August 10, 2017. By order to show cause dated November 17, 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 September 27, 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 September 27, 2017, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
HALL, J.P., SGROI, COHEN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court