Matter of Foster v Fisher
Motion No: 2018-04261
Slip Opinion No: 2018 NY Slip Op 84477(U)
Decided on September 26, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M255696

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

BETSY BARROS, JJ.

2018-04261

In the Matter of Tabatha Foster, appellant,

v Tyree Fisher, respondent.

(Docket No. F-33535-10/17J)

DECISION & ORDER ON MOTION

Appeal by Tabatha Foster from an order of the Family Court, Kings County, dated March 6, 2018. By order to show cause dated August 22, 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 proceeding for failure to comply with a scheduling order dated April 25, 2018.

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 April 25, 2018 (see 22 NYCRR 670.3[b][2]).

RIVERA, J.P., LEVENTHAL, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court