| Matter of Shiwpaul v Britto |
| Motion No: 2011-06959 |
| Slip Opinion No: 2011 NY Slip Op 89386(U) |
| Decided on November 9, 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
M128467
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.
|
2011-06959 In the Matter of Radica Shiwpaul, respondent, v Thomas Britto, appellant. (Docket Nos. F-10952-10/10A, F-10952-10/10B, F-13633-10/10A)
| DECISION & ORDER ON MOTION |
Appeal by Thomas Britto from an order of the Family Court, Westchester County, dated July 6, 2011. By order to show cause dated September 27, 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 August 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 scheduling order dated August 10, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
DILLON, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court