Matter of Montinat v Montinat
Motion No: 2016-04863
Slip Opinion No: 2016 NY Slip Op 86383(U)
Decided on September 22, 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

M218545

E/afa

JOHN M. LEVENTHAL, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2016-04863 MOTION

In the Matter of Theodora J. Montinat,

appellant, v Christian Montinat, respondent.

(Docket No. V-1359-16)

DECISION & ORDER ON

Appeal by Theodora J. Montinat from an order of the Family Court, Kings County, dated May 4, 2016. By order to show cause dated August 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 June 15, 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 June 15, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

LEVENTHAL, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court