Matter of Buttafuoco v Buttafuoco
Motion No: 2010-06002
Slip Opinion No: 2010 NY Slip Op 83676(U)
Decided on September 29, 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

M108821

E/sl

JOSEPH COVELLO, J.P.

JOHN M. LEVENTHAL

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2010-06002

In the Matter of Brian Buttafuoco, appellant,

v Andrea Buttafuoco, respondent.

(Docket Nos. V-15533-09, V-15534-09,

V-15535-09,V-15536-09,V-15537-09)

DECISION & ORDER ON MOTION

Appeal by Brian Buttafuoco from an order of the Family Court, Suffolk County, dated May 19, 2010. By order to show cause dated August 25, 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 June 30, 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 June 30, 2010, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).

COVELLO, J.P., LEVENTHAL, BELEN and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court