| Matter of Diehl v Diehl |
| Motion No: 2010-11042 |
| Slip Opinion No: 2011 NY Slip Op 74158(U) |
| Decided on May 27, 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
M120704
E/ct
JOSEPH COVELLO, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
|
2010-11042 In the Matter of Henry A. Diehl, appellant, v Berenice Diehl, respondent. (Docket No. 14232/09)
| DECISION & ORDER ON MOTION |
Appeal by Henry A. Diehl from an order of the Family Court, Suffolk County, dated October 1, 2010. By order to show cause dated April 19, 2011, 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 March 8, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated March 8, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
COVELLO, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court