Matter of Smith v Smith
Motion No: 2018-10364
Slip Opinion No: 2019 NY Slip Op 67553(U)
Decided on April 10, 2019
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

M261772

E/mm

MARK C. DILLON, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2018-10364

In the Matter of Yvonne Smith, appellant,

v Sandy Smith, et al., respondents.

(Docket Nos. V-7487-18, V-7486-18)

DECISION & ORDER ON MOTION

Appeal by Yvonne Smith from an order of the Family Court, Kings County, dated July 16, 2018. By order to show cause dated March 4, 2019, 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 January 14, 2019, 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 to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated January 14, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

DILLON, J.P., MILLER, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court