| Brooks v Brooks |
| Motion No: 2010-01831 |
| Slip Opinion No: 2010 NY Slip Op 74411(U) |
| Decided on June 15, 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
M104266
E/ct
STEVEN W. FISHER, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2010-01831
Richard M. Brooks, appellant, v Kira N. Brooks, respondent. (Index No. 2005-8402)
| DECISION & ORDER ON MOTION |
Appeal by Richard M. Brooks from an order of the Supreme Court, Orange County, dated December 23, 2009. By order to show cause dated May 10, 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 appeal in the above-entitled proceeding for failure to comply with a scheduling order dated March 25, 2010, 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 March 25, 2010, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).
FISHER, J.P., LOTT, AUSTIN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court