Matter of DiCerbo v DiCerbo
Motion No: 2010-02901
Slip Opinion No: 2010 NY Slip Op 77112(U)
Decided on July 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

M105729

M/ct

FRED T. SANTUCCI, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2010-02901

In the Matter of Kerri DiCerbo, respondent,

v Dean DiCerbo, appellant.

(Docket No. V-1373-10)

DECISION & ORDER ON MOTION

Appeal by Dean DiCerbo, by permission, from an order of the Family Court, Richmond County, dated March 25, 2010. By order to show cause dated June 11, 2010, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the above-entitled appeal for failure to comply with a scheduling order of this court dated April 28, 2010, 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.

SANTUCCI, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court