Rixner v. Maloney

Full title: In the Matter of Kirk Rixner, appellant, v. Sharon Maloney, respondent.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Sep 30, 2011

2011 N.Y. Slip Op. 85524 (N.Y. App. Div. 2011)

Opinion

Motion No: 2011-03557 Docket No. F-11077-04/10P M126460

09-30-2011

In the Matter of Kirk Rixner, appellant, v. Sharon Maloney, respondent.

REINALDO E. RIVERA

, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

DECISION & ORDER ON MOTION

Appeal by Kirk Rixner from an order of the Family Court, Kings County, dated January 14, 2011. By order to show cause dated August 18, 2011, the parties or their attorneys 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 decision and order on motion dated July 1, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion dated July 1, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

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

ENTER:

Matthew G. Kiernan

Clerk of the Court