| Matter of Lebowitz v Lebowitz |
| Motion No: 2017-12033 |
| Slip Opinion No: 2018 NY Slip Op 66527(U) |
| Decided on March 9, 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
M247271
E/afa
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
ROBERT J. MILLER
VALERIE BRATHWAITE NELSON, JJ.
|
2017-12033 In the Matter of Roberta Lebowitz, respondent, v Howard R. Lebowitz, appellant. (Proceeding No. 1) In the Matter of Howard R. Lebowitz, appellant, v Roberta Lebowitz, respondent. (Proceeding No. 2) (Docket Nos. F-4463-15/15A, F-4463-15/15B)
| DECISION & ORDER ON MOTION |
Appeal by Howard R. Lebowitz from an order of the Family Court, Nassau County, dated October 2, 2017. By order to show cause dated February 2, 2018, 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 proceedings for failure to comply with a scheduling order dated December 14, 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 December 14, 2017, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
BALKIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court