Matter of Choy v May Ling Lai
Motion No: 2010-09161
Slip Opinion No: 2011 NY Slip Op 62282(U)
Decided on January 25, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M114535

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2010-09161

In the Matter of Tonny Choy, appellant,

v May Ling Lai, respondent.

(Docket No. F-02950-08)

DECISION & ORDER ON MOTION

Appeal by Tonny Choy from an order of the Family Court, Suffolk County, dated August 10, 2010. By order to show cause dated December 3, 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 October 13, 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 October 13, 2010, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).

DILLON, J.P., BALKIN, ENG and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court