Opinion
Motion No: 2011-07525 Docket No. F-17448-10 F017448-10/A, M129801
12-05-2011
In the Matter of Tedica Ballantyne, respondent, v. Mike McKenzie, appellant.
, J.P.
ANITA R. FLORIO
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Appeal by Mike McKenzie from an order of the Family Court, Kings County, dated July 6, 2011. By order to show cause dated October 27, 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 scheduling order dated September 12, 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 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 September 12, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
DILLON, J.P., FLORIO, CHAMBERS and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court