| Matter of Zylberberg v Zylberberg |
| Motion No: 2010-03190 |
| Slip Opinion No: 2010 NY Slip Op 87150(U) |
| Decided on November 4, 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. |
Appellate Division: Second Judicial Department
M110557
E/sl
PETER B. SKELOS, J.P.
FRED T. SANTUCCI
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
|
2010-03190 In the Matter of Shirley Zylberberg, respondent, v Yitzchok Zylberberg, appellant. (Docket No. O-00145-09)
| DECISION & ORDER ON MOTION |
Appeal by Yitzchok Zylberberg from an order of the Supreme Court, Nassau County (IDV Part), dated February 16, 2010. By order to show cause dated September 20, 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 8, 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 the papers filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements.
SKELOS, J.P., SANTUCCI, BELEN and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court