| Matter of Robertucci v Rivera |
| Motion No: 2009-00932 |
| Slip Opinion No: 2009 NYSlipOp 70003(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. |
Appellate Division: Second Judicial Department
M85327
M/cb
WILLIAM F. MASTRO, J.P.
HOWARD MILLER
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2009-00932 In the Matter of Alaina Robertucci, respondent, v James Rivera, Sr., appellant. (Docket Nos. V-02375-078, V-02376-08, V-02377-08)
| DECISION & ORDER ON MOTION |
Appeal by James Rivera, Sr., from an order of the Family Court, Orange County, dated December 22, 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 February 6, 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 February 6, 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