| Matter of Richards v Papale |
| Motion No: 2010-10310 |
| Slip Opinion No: 2011 NY Slip Op 62881(U) |
| Decided on February 2, 2011 |
| 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
M113110
E/ct
MARK C. DILLON, J.P.
JOSEPH COVELLO
ANITA R. FLORIO
L. PRISCILLA HALL, JJ.
|
2010-10310 In the Matter of Aaron Richards, appellant, v Stephanie A. Papale, respondent. (Docket No. V-00144-07)
| DECISION & ORDER ON MOTION |
Appeal by Aaron Richards from an order of the Family Court, Dutchess County, dated September 27, 2010. By order to show cause dated December 23, 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 November 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, as no appeal lies from an order entered upon the default of the appellant (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the motion to dismiss the appeal for failure to comply with the scheduling order dated November 8, 2010, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]) is denied as academic.
DILLON, J.P., COVELLO, FLORIO and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court