| Matter of Frye v Lowery |
| Motion No: 2018-03230 |
| Slip Opinion No: 2018 NY Slip Op 91101(U) |
| Decided on December 14, 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
M258295
E/afa
JOHN M. LEVENTHAL, J.P.
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
|
2018-03230 In the Matter of Williemae Frye, appellant- respondent, v Ryan Lowery, respondent- appellant, et al., respondent. (Docket No. V-1286-17)
| DECISION & ORDER ON MOTION |
Appeal by Williemae Frye, and cross appeal by Ryan Lowery, from an order of the Family Court, Dutchess County, dated March 12, 2018. By scheduling order dated September 26, 2018, Ryan Lowery's brief in the above-entitled appeal was directed to be served and filed within 30 days of the date of the scheduling order. Ryan Lowery has failed to serve and file a brief.
Now, on the Court's own motion, it is
ORDERED that the cross appeal is dismissed, without costs or disbursements, for failure to serve and file a brief in accordance with the rules (see 22 NYCRR 670.3[b][2]) and prior order of the Court.
LEVENTHAL, J.P., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court