Matter of Charles v Moore
Motion No: 2009-03567
Slip Opinion No: 2009 NY Slip Op 82204(U)
Decided on September 2, 2009
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

M91513

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2009-03567, 2009-03568

In the Matter of Shawanna Charles, appellant,

v Frederick Moore, respondent.

(Docket No. V-06466-09)

DECISION & ORDER ON MOTION

Appeals by Shawanna Charles from an order of the Family Court, Kings County dated April 16, 2009, and an order of dismissal of the same court, also dated April 16, 2009. By order to show cause dated August 4, 2009, 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated May 28, 2009, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated May 28, 2009, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).

SPOLZINO, J.P., SANTUCCI, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court