Matter of Marriott v Mendez
Motion No: 2011-05129
Slip Opinion No: 2011 NY Slip Op 89627(U)
Decided on November 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

M128203

S/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2011-05129

In the Matter of Danton L. Marriott,

respondent, v Ivette Mendez, appellant.

(Docket No. U-16496-06/10D)

DECISION & ORDER ON MOTION

Appeal by Ivette Mendez from an order of the Family Court, Suffolk County, dated April 22, 2011. By order to show cause dated September 12, 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 June 9, 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 opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal is dismissed, without costs or disbursements, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

SKELOS, J.P., HALL, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court