Matter of Banks v Mikell
Motion No: 2019-10899
Slip Opinion No: 2020 NY Slip Op 70915(U)
Decided on September 1, 2020
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 DepartmentM272677

E/jr

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2019-10899

In the Matter of Kenyatta Banks, respondent,

v Keith Mikell, appellant.

(Docket Nos. F-7201-2018, F-7202-2018)

DECISION & ORDER ON MOTION

Appeal by Keith Mikell from an order of the Family Court, Queens County, dated August 16, 2019. By order to show cause dated July 14, 2020, 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 December 3, 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 December 3, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

RIVERA, J.P., MILLER, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court