| Ekstra v Ekstra |
| Motion No: 2010-08174 |
| Slip Opinion No: 2011 NY Slip Op 60066(U) |
| Decided on January 3, 2011 |
| 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
M113299
E/sl
MARK C. DILLON, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2010-08174 Alexander Ekstra, appellant, v Melissa Ekstra, respondent. (Index Nos. 05-22423, 05-22428)
| DECISION & ORDER ON MOTION |
Appeal by Alexander Ekstra from an order of the Supreme Court, Westchester County, dated June 23, 2010. By order to show cause dated November 22, 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 September 3, 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 September 3, 2010, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
DILLON, J.P., HALL, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court