| Matter of DeCarlo v Cipolla |
| Motion No: 2009-03815 |
| Slip Opinion No: 2009 NY Slip Op 81824(U) |
| Decided on August 27, 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
M91328
E/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
JOSEPH COVELLO
RANDALL T. ENG, JJ.
|
2009-03815 In the Matter of Teresa DeCarlo, appellant, v Eugene Cipolla, respondent. (Docket No. F-26108/08)
| DECISION & ORDER ON MOTION |
Appeal by Teresa DeCarlo from an order of the Family Court, Kings County, dated February 17, 2009. By order to show cause dated July 30, 2009, 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 June 22, 2009, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated June 22, 2009, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).
FISHER, J.P., DILLON, COVELLO and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court