Matter of Mondesir v Mondesir
Motion No: 2010-11166
Slip Opinion No: 2011 NY Slip Op 67015(U)
Decided on March 16, 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

M117067

E/ct

JOSEPH COVELLO, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-11166

In the Matter of Ciliese Mondesir, respondent,

v Josue Mondesir, appellant.

(Docket No. O-39312/09)

DECISION & ORDER ON MOTION

Appeal by Josue Mondesir from an order of the Family Court, Kings County, dated October 14, 2010. By order to show cause dated February 7, 2011, 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 December 22, 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 no papers having been filed in response thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated December 22, 2010, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

COVELLO, J.P., ENG, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court