Matter of Denner v Shepherd
Motion No: 2019-09351
Slip Opinion No: 2019 NY Slip Op 85176(U)
Decided on December 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M267843

kbp/

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2019-09351

In the Matter of Mark A. Denner, appellant,

v Kristen Shepherd, respondent.

(Docket No. F-2953-18)

DECISION & ORDER ON MOTION

Appeal by Mark A. Denner from an order of the Family Court, Westchester County, dated June 10, 2019. By order to show cause dated October 11, 2019, 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 August 14, 2019, 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 August 14, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

CHAMBERS, J.P., AUSTIN, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court