Holley v. Flood

Full title: In the Matter of Daryl W. Holley, Sr., appellant, v. Patrice Flood…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Aug 25, 2011

Motion No: 2011-03413 (N.Y. App. Div. Aug. 25, 2011)

Opinion

Motion No: 2011-03413 Docket No. F-8876-06/10C M124852

08-25-2011

In the Matter of Daryl W. Holley, Sr., appellant, v. Patrice Flood, respondent.

DANIEL D. ANGIOLILLO

, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Appeal by Daryl W. Holley, Sr., from an order of the Family Court, Suffolk County, dated February 23, 2011. By order to show cause dated June 29, 2011, the parties or their attorneys 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 May 12, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated May 12, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

ANGIOLILLO, J.P., FLORIO, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court