Matter of Rattray v Nesbitt
Motion No: 2015-12572
Slip Opinion No: 2016 NY Slip Op 69835(U)
Decided on April 8, 2016
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

M209591

E/sl

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2015-12572

In the Matter of Nakia Rattray, appellant,

v Joiian Jullian Nesbitt, respondent.

(Docket No. V-11263-11)

DECISION & ORDER ON MOTION

Appeal by Nakia Rattray from an order of the Family Court, Kings County, dated November 10, 2015. By order to show cause dated March 3, 2016, the parties 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 January 7, 2016, 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 January 7, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

LEVENTHAL, J.P., HALL, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court