Matter of McCuller v Russelburn
Motion No: 2011-03226
Slip Opinion No: 2011 NY Slip Op 78476(U)
Decided on July 14, 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

M123069

T/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

SHERI S. ROMAN, JJ.

2011-03226

In the Matter of Tamisha Denice McCuller, appellant,

v Mark Anthony Russelburn, respondent.

(Docket No. V-20728/10)

DECISION & ORDER ON MOTION

Appeal by Tamisha Denice McCuller from an order of the Family Court, Kings County, dated March 28, 2011. By order to show cause dated June 6, 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 April 14, 2011, 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 relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated April 14, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

RIVERA, J.P., FLORIO, DICKERSON and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court