| Matter of Malekan v Malekan |
| Motion No: 2019-09331 |
| Slip Opinion No: 2019 NY Slip Op 84756(U) |
| Decided on November 25, 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. |
Appellate Division: Second Judicial Department
M267681
E/mb
LEONARD B. AUSTIN, J.P.
JEFFREY A. COHEN
COLLEEN D. DUFFY
ANGELA G. IANNACCI, JJ.
|
2019-09331
In the Matter of Leon Malekan, respondent-appellant v Leah Malekan, appellant-respondent. (Proceeding No. 1) In the Matter of Leah Malekan, appellant-respondent, v Leon Malekan, respondent-appellant. (Proceeding No. 2) (Docket Nos. V-3391-17, V-6150-17, V-6150-17/18 O-8348-17)
| DECISION & ORDER ON MOTION , A, |
Appeal by Leah Malekan, and cross appeal by Leon Malekan, from an order of the Family Court, Nassau County, dated June 5, 2019. By order to show cause dated October 11, 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 proceedings for failure to comply with a scheduling order dated August 14, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). By order to show cause also dated October 11, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the cross appeal in the above-entitled proceedings for failure to comply with a scheduling order dated August 14, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Application by Leon Malekan to withdraw the cross appeal.
Now, upon the orders to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation 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 14, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]); and it is further,
ORDERED that the motion to dismiss the cross appeal is denied; and it is further,
ORDERED that the application to withdraw the cross appeal is granted, and the cross appeal is deemed withdrawn, without costs or disbursements.
AUSTIN, J.P., COHEN, DUFFY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court