Matter of Shmushkovich v Alterman
Motion No: 2018-13716
Slip Opinion No: 2019 NY Slip Op 67661(U)
Decided on April 11, 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

M261810

E/mm

JOHN M. LEVENTHAL, J.P.

HECTOR D. LASALLE

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2018-13716

In the Matter of Alex Shmushkovich, appellant,

v Svetlana Alterman, respondent.

(Docket No. F-25732-13/17H)

DECISION & ORDER ON MOTION

Appeal by Alex Shmushkovich from an order of the Family Court, Kings County, dated October 18, 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 16, 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 16, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

LEVENTHAL, J.P., LASALLE, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court