Matter of Kelly v Kelly
Motion No: 2019-09726
Slip Opinion No: 2019 NY Slip Op 85805(U)
Decided on December 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

M268076

kbp/

ALAN D. SCHEINKMAN, P.J.

SYLVIA O. HINDS-RADIX

BETSY BARROS

PAUL WOOTEN, JJ.

2019-09726

In the Matter of Lorraine Reape Kelly, appellant,

v Cleveland M. Kelly, et al., respondents.

(Docket Nos. V-25861-14, V-30576-14, V-16312-16

DECISION & ORDER ON MOTION




)

Appeal by Lorraine Reape Kelly from an order of the Family Court, Kings County, dated July 31, 2019. By order to show cause dated October 22, 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 30, 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 August 30, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

SCHEINKMAN, P.J., HINDS-RADIX, BARROS and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court