Appellate Division: Second Judicial Department

M260771

E/mm

ALAN D. SCHEINKMAN, P.J.

MARK C. DILLON

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2018-10220, 2018-13511 Melissa Goikhman, respondent, v Shlomo Biton, appellant. (Index No. 50548/15; Docket No. O-365/15)

DECISION & ORDER ON MOTION

Appeals from a decision and order (one paper) of the Supreme Court, Kings County

(IDV-Part), dated February 5, 2018, and a judgment of the same court dated May 16, 2018. By order to show cause dated January 14, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled matter with respect to issues not involving the family offense proceeding or custody and visitation for failure to comply with a scheduling order dated November 19, 2018, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion is granted, and the appeals from so much of the decision and order (one paper) and the judgment as concerns issues not involving the family offense proceeding or custody and visitation are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated November 19, 2018, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

SCHEINKMAN, P.J., DILLON, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court