| Matter of McErlean v Bailer |
| Motion No: 2018-08498 |
| Slip Opinion No: 2019 NY Slip Op 60566(U) |
| Decided on January 10, 2019 |
| 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
M259093
E/sl
ALAN D. SCHEINKMAN, P.J.
RUTH C. BALKIN
SYLVIA O. HINDS-RADIX
LINDA CHRISTOPHER, JJ.
|
2018-08498 In the Matter of Jeannine McErlearn, appellant, v Kenneth Bailer, respondent. (Docket Nos. O-5901-17, O-5901-17/18A, O-5901-17/18B)
| DECISION & ORDER ON MOTION |
Appeal by Jeannine McErlearn from an order of the Family Court, Dutchess County, dated June 15, 2018. By order to show cause dated December 6, 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 decision and order on motion of this Court dated September 26, 2018, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
Now, upon the order to show cause and the papers 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 26, 2018, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
SCHEINKMAN, P.J., BALKIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court