Matter of LoPalo v LoPalo
Motion No: 2009-00523
Slip Opinion No: 2009 NYSlipOp 69988(U)
Decided on April 17, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M85329

M/cb

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-00523

In the Matter of Jamie LoPalo, respondent,

v Joseph LoPalo, appellant.

(Proceeding No. 1)

In the Matter of Joseph LoPalo, appellant,

v Jamie LoPalo, respondent.

(Proceeding No. 2)

(Docket Nos. V-1912-08, V-1913-08, V-1914-08)

DECISION & ORDER ON MOTION

Appeal by Joseph LoPalo from an order of the Family Court, Nassau County, dated December 12, 2008. By order to show cause dated March 16, 2009, 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 January 28, 2009, issued pursuant to 22 NYCRR 670.4(a)(2).

Now on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated January 28, 2009, issued pursuant to 22 NYCRR 670.4(a)(2).

MASTRO, J.P., MILLER, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court