Matter of Colon v Jenkins
Motion No: 2004-05375
Slip Opinion No: 2006 NYSlipOp 60283(U)
Decided on January 5, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and subject to revision before publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34380

M/nal

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2004-05375

In the Matter of David Colon, appellant,

v Tealia Jenkins, respondent.

(Docket No. F-28959-03)

DECISION & ORDER ON MOTION

Appeal by David Colon from an order of the Family Court, Kings County, dated May 13, 2004. By order to show cause dated December 8, 2005, the parties or their attorneys were directed to show cause 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 October 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated October 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court