Matter of Bullock- Rixner v Rixner
Motion No: 2011-03679
Slip Opinion No: 2011 NY Slip Op 85510(U)
Decided on September 30, 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

M126470

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2011-03679

In the Matter of Celeste Bullock-Rixner,

respondent, v Kirk Anthony Rixner, appellant.

(Docket No. F-10691/06)

DECISION & ORDER ON MOTION

Appeal by Kirk Anthony Rixner from an order of the Family Court, Kings County, dated January 6, 2011. By order to show cause dated August 18, 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 decision and order on motion dated June 10, 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 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 decision and order on motion dated June 10, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

RIVERA, J.P., BALKIN, HALL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court