Matter of Levine v Tatum
Motion No: 2020-01082
Slip Opinion No: 2020 NY Slip Op 73258(U)
Decided on October 19, 2020
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

M273569

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2020-01082

In the Matter of Cynthia Levine, respondent,

v Wayne A. Tatum, Sr., appellant.

(Docket No. F-35376-04/2019H)

DECISION & ORDER ON MOTION

Appeal by Wayne A. Tatum, Sr. from an order of the Family Court, Kings County, dated December 18, 2019. By order to show cause dated July 29, 2020, 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 February 18, 2020, 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 appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated February 18, 2020, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

BALKIN, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court