Matter of Birkett v Chaudhri
Motion No: 2016-01363
Slip Opinion No: 2016 NY Slip Op 92847(U)
Decided on November 30, 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

M222177

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2016-01363

In the Matter of Raelene Birkett, appellant,

v Kamram Chaudhri, respondent.

(Docket Nos. V-37708-09/15I,

V-18946-10/15F)

DECISION & ORDER ON MOTION

Appeal by Raelene Birkett from an order of the Family Court, Kings County, dated December 30, 2015. By order to show cause dated October 17, 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 July 14, 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 July 14, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

DILLON, J.P., HALL, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court