| Matter of Chenkus v Higgs |
| Motion No: 2018-08938 |
| Slip Opinion No: 2019 NY Slip Op 61220(U) |
| Decided on January 22, 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
M259355
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2018-08938, 2018-09138, 2018-09139
In the Matter of Autumn Nicole Chenkus, respondent, v Charles Higgs, appellant. (Docket No. F-749-17)
| DECISION & ORDER ON MOTION |
Appeals by Charles Higgs from two orders of the Family Court, Westchester County, one dated January 5, 2018, and June 12, 2018, respectively, and a money judgment of the same court also dated June 12, 2018. By order to show cause dated December 19, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a 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]).
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 appeals is granted, and the appeals are 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]).
DILLON, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court