| Matter of Rixner v Maloney |
| Motion No: 2011-03557 |
| Slip Opinion No: 2011 NY Slip Op 85524(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. |
Appellate Division: Second Judicial Department
M126460
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
|
2011-03557 In the Matter of Kirk Rixner, appellant, v Sharon Maloney, respondent. (Docket No. F-11077-04/10P)
| DECISION & ORDER ON MOTION |
Appeal by Kirk Rixner from an order of the Family Court, Kings County, dated January 14, 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 July 1, 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 July 1, 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