| Matter of Petulla v Petulla |
| Motion No: 2008-09565 |
| Slip Opinion No: 2009 NYSlipOp 62397(U) |
| Decided on January 29, 2009 |
| 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
M81859
M/cb
PETER B. SKELOS, J.P.
DAVID S. RITTER
ANITA R. FLORIO
HOWARD MILLER, JJ.
|
2008-09565 In the Matter of Pauline Petulla, petitioner-respondent, v Vincent Petulla, et al., respondents, Dolores Moscato, appellant. (Docket Nos. V-04230-06, V-04231-06)
| DECISION & ORDER ON MOTION |
Appeal by Dolores Moscato from an order of the Family Court, Richmond County, dated September 12, 2008. By order to show cause dated December 17, 2008, the parties or their attorneys were directed to show cause 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 November 10, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and the papers filed in relation thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated November 10, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).
SKELOS, J.P., RITTER, FLORIO and MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court