Matter of Malakatas v Smikle
Motion No: 2018-09570
Slip Opinion No: 2018 NY Slip Op 87978(U)
Decided on November 5, 2018
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

M257170

E/mm

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

ANGELA G. IANNACCI, JJ.

2018-09570

In the Matter of Antonia Malakatas, respondent,

v Kwabena Smikle, appellant.

(Docket Nos. V-09531-16, F-09537-16)

DECISION & ORDER ON MOTION

Appeal by Kwabena Smikle from an order of the Family Court, Suffolk County, dated June 28, 2018. By order to show cause dated October 5, 2018, 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 proceedings for failure to comply with a scheduling order dated August 20, 2018.

Now, upon the order to show cause and the papers 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 20, 2018.

BALKIN, J.P., SGROI, COHEN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court