Matter of Augustin v Augustin
Motion No: 2016-08351
Slip Opinion No: 2016 NY Slip Op 94706(U)
Decided on December 19, 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

M223004

E/ct

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

BETSY BARROS, JJ.

2016-08351

In the Matter of Andrea Daly Augustin,

appellant, v Rolex Augustin, respondent.

(Docket No. F-10977-11/15H)

DECISION & ORDER ON MOTION

Appeal by Andrea Daly Augustin from an order of the Family Court, Kings County, dated June 28, 2016. By order to show cause dated October 25, 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 August 26, 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 August 26, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

CHAMBERS, J.P., ROMAN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court