| Matter of Cayemittes v Gillyard |
| Motion No: 2011-02947 |
| Slip Opinion No: 2011 NY Slip Op 91407(U) |
| Decided on December 2, 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
M129547
E/sl
MARK C. DILLON, J.P.
RANDALL T. ENG
JOHN M. LEVENTHAL
LEONARD B. AUSTIN, JJ.
|
2011-02947 In the Matter of Claudel Cayemittes, appellant, v Dawn Gillyard, respondent. (Docket Nos. V-11230/09, V-11231/09)
| DECISION & ORDER ON MOTION |
Appeal by Claudel Cayemittes from an order of the Family Court, Queens County, dated February 8, 2011. By order to show cause dated October 24, 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 September 8, 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 motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 8, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
DILLON, J.P., ENG, LEVENTHAL and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court