| Matter of Mitchell v Ogunade-Mitchell |
| Motion No: 2012-00363 |
| Slip Opinion No: 2012 NY Slip Op 71604(U) |
| Decided on April 27, 2012 |
| 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
M136926
E/sl
DANIEL D. ANGIOLILLO, J.P.
RANDALL T. ENG
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2012-00363 In the Matter of David Mitchell, appellant, v Nicole Ogunade-Mitchell, respondent. (Docket Nos. V-408/08, V-417/08)
| DECISION & ORDER ON MOTION |
Appeal by David Mitchell from an order of the Family Court, Queens County, dated December 23, 2011. By order to show cause dated March 13, 2012, 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 proceedings for failure to comply with a scheduling order dated February 1, 2012, 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 February 1, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
ANGIOLILLO, J.P., ENG, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court