| Matter of Deazle v Miles |
| Motion No: 2008-03481 |
| Slip Opinion No: 2008 NYSlipOp 88753(U) |
| Decided on November 10, 2008 |
| 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
M78201
E/sl
PETER B. SKELOS, J.P.
ROBERT A. LIFSON
FRED T. SANTUCCI
EDWARD D. CARNI, JJ.
|
2008-03481 In the Matter of Crystal Deazle, appellant, v Darrin Orlando Miles, respondent. (Docket No. F-34629-05)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Family Court, Kings County, dated February 29, 2008. A cross appeal was withdrawn by order dated June 5, 2008. By order to show cause dated October 10, 2008, 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 April 28, 2008, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][5]).
Now, on the court's own motion, 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 April 28, 2008, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).
SKELOS, J.P., LIFSON, SANTUCCI and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court