Matter of Bonitto v Smith
Motion No: 2011-10787
Slip Opinion No: 2012 NY Slip Op 80036(U)
Decided on July 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M141165

T/ct

ANITA R. FLORIO, J.P.

RUTH C. BALKIN

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2011-10787

In the Matter of Sandra Marie Bonitto, respondent,

v Marcell Lanslot Garth Smith, appellant.

(Docket No. U-27826/10)

DECISION & ORDER ON MOTION

Appeal by Marcell Lanslot Garth Smith from an order of the Family Court, Queens County, dated September 7, 2011. By decision and order on motion dated April 30, 2012, the appellant was directed to comply with a scheduling order issued pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]) within 30 days of the date of the decision and order on motion or the appeal would be dismissed without further notice. The appellant has not complied with the decision and order on motion dated April 16, 2012.

Now, on the Court's own motion, it is

ORDERED that the appeal is dismissed , without costs or disbursements, for failure to comply with the decision and order on motion dated April 16, 2012.

FLORIO, J.P., BALKIN, ENG and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court