| Matter of Ballantyne v McKenzie |
| Motion No: 2011-07525 |
| Slip Opinion No: 2011 NY Slip Op 91472(U) |
| Decided on December 5, 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
M129801
E/ct
MARK C. DILLON, J.P.
ANITA R. FLORIO
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
|
2011-07525 In the Matter of Tedica Ballantyne, respondent, v Mike McKenzie, appellant. (Docket Nos. F-17448-10, F017448-10/A)
| DECISION & ORDER ON MOTION |
Appeal by Mike McKenzie from an order of the Family Court, Kings County, dated July 6, 2011. By order to show cause dated October 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 September 12, 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 12, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
DILLON, J.P., FLORIO, CHAMBERS and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court