Matter of Cincotta v Gines
Motion No: 2009-10874
Slip Opinion No: 2010 NY Slip Op 74434(U)
Decided on June 15, 2010
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

M104286

E/ct

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2009-10874

In the Matter of Caroline Cincotta, appellant,

v Jesse Gines, respondent.

(Docket No. F-13439-86)

DECISION & ORDER ON MOTION

Appeal by Caroline Cincotta from an order of the Family Court, Kings County, dated October 1, 2009. By order to show cause dated May 12, 2010, 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 April 5, 2010, 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 April 5, 2010, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).

RIVERA, J.P., BALKIN, AUSTIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court