| Matter of McCarthy v Ajoku |
| Motion No: 2010-03078 |
| Slip Opinion No: 2010 NY Slip Op 84977(U) |
| Decided on October 14, 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
M109050
E/ct
STEVEN W. FISHER, J.P.
MARK C. DILLON
ANITA R. FLORIO
PLUMMER E. LOTT, JJ.
|
2010-03078 In the Matter of Earl McCarthy, respondent, v Miriam Ajoku, appellant. (Docket No. F-03940-03)
| DECISION & ORDER ON MOTION |
Appeal by Miriam Ajoku from an order of the Family Court, Kings County, dated October 7, 2009. By order to show cause dated September 8, 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 April 16, 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 April 16, 2010, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).
FISHER, J.P., DILLON, FLORIO and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court