Matter of Jackson-Thomas v Burton
Motion No: 2010-09524
Slip Opinion No: 2011 NY Slip Op 62870(U)
Decided on February 2, 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

M114856

E/ct

MARK C. DILLON, J.P.

JOSEPH COVELLO

ANITA R. FLORIO

L. PRISCILLA HALL, JJ.

2010-09524

In the Matter of Keisha R. Jackson-Thomas,

respondent, v Keith Burton, appellant.

(Docket No. F-26556-09)

DECISION & ORDER ON MOTION

Appeal by Keith Burton from an order of the Family Court, Queens County, dated August 18, 2010. By order to show cause dated December 23, 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 15, 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 15, 2010, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

DILLON, J.P., COVELLO, FLORIO and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court