Matter of Pena v Chadee
Motion No: 2010-07725
Slip Opinion No: 2011 NY Slip Op 62294(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

M114542

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2010-07725

In the Matter of Carlos Pena, respondent,

v Sandy Chadee, appellant.

(Proceeding No. 1)

In the Matter of Sandy Chadee, appellant,

v Carlos Pena, respondent.

(Proceeding No. 2)

(Docket Nos. V-00084-06, V-00202-08))

DECISION & ORDER ON MOTION

Appeal by Sandy Chadee from an order of the Supreme Court, Richmond County (IDV Part), dated July 6, 2010. By order to show cause dated December 9, 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 August 19, 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 August 19, 2010, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

MASTRO, J.P., DILLON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court