Matter of Smith v Smith
Motion No: 2010-04367
Slip Opinion No: 2010 NY Slip Op 86591(U)
Decided on October 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M110293

M/ct

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2010-04367

In the Matter of Thomas Smith, appellant,

v Debrah Smith, respondent.

(Docket No. O-35510-09)

DECISION & ORDER ON MOTION

Appeal by Thomas Smith from an order of the Family Court, Kings County, dated May 13, 2010. By order to show cause dated August 25, 2010, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the above-entitled appeal for failure to comply with a scheduling order of this court dated July 7, 2010, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements.

DILLON, J.P., ANGIOLILLO, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court