Appellate Division: Second Judicial Department

M214648

E/ct

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2015-04540 In the Matter of Sidney David, respondent, v Shirley Mizrahi, appellant. (Docket No. F-18950-12/14F)

DECISION & ORDER ON MOTION

Appeal by Shirley Mizrahi from an order of the Family Court, Kings County, dated April 3, 2015. By order to show cause dated May 19, 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 decision and order on motion of this Court dated March 26, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Motion by the appellant pro se for poor person relief, for the assignment of counsel, and to enlarge the time to perfect the appeal.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellant's motion is denied; and it is further,

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 March 26, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

BALKIN, J.P., AUSTIN, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court