Appellate Division: Second Judicial Department

M116213

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-05295 In the Matter of Celcia Nolasco, respondent, v David Ayalla, appellant. (Docket No. F-04051-09)

DECISION & ORDER ON MOTION

Appeal by David Ayalla from an order of the Family Court, Queens County, dated April 28, 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 June 23, 2010, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from a warrant of arrest; and it is further,

ORDERED that the motion to dismiss the appeal 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]), is denied as academic.

MASTRO, J.P., SKELOS, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court