Matter of Rieu v Rieu
Motion No: 2019-01965
Slip Opinion No: 2019 NY Slip Op 72443(U)
Decided on June 12, 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

M263427

E/mm

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2019-01965

In the Matter of Elena Rieu, respondent,

v Jonathan Rieu, appellant.

(Docket No. F-11023-17/17B)

DECISION & ORDER ON MOTION

Appeal by Jonathan Rieu from an order of the Family Court, Queens County, dated January 15, 2019. By order to show cause dated April 24, 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 March 13, 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 March 13, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

RIVERA, J.P., BALKIN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court