| Matter of Kirk v Henry |
| Motion No: 2009-05921 |
| Slip Opinion No: 2010 NY Slip Op 72722(U) |
| Decided on May 27, 2010 |
| 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
M103381
E/sl
MARK C. DILLON, J.P.
HOWARD MILLER
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2009-05921, 2009-05924 In the Matter of Jonathan Thomas Kirk, appellant, v Tescita Henry, respondent. (Docket No. F-15982-06)
| DECISION & ORDER ON MOTION |
Appeals by Jonathan Thomas Kirk from two orders of the Family Court, Westchester County, dated April 29, 2009, and April 30, 2009, respectively. By order to show cause dated April 28, 2010, 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 July 6, 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 appeals are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated July 6, 2009, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).
DILLON, J.P., MILLER, CHAMBERS and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court