Matter of Mcilvain-Nitta v Cellier
Motion No: 2013-04249
Slip Opinion No: 2013 NY Slip Op 94514(U)
Decided on December 17, 2013
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

M166902

E/mv

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2013-04249

In the Matter of Regina Mcilvain-Nitta,

appellant, v Pascal L. Cellier, respondent,.

(Docket No. F-18979-12)

ORDER TO SHOW CAUSE

Appeal by Regina Mcilvain-Nitta from an order of the Family Court, Kings County, dated November 20, 2012. By order to show cause dated November 14, 2013, 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 decision and order on motion of this Court dated May 10, 2013, 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 decision and order on motion of this Court dated May 10, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

DILLON, J.P., ANGIOLILLO, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court