Matter of Volpacchio v Cantor
Motion No: 2011-01799
Slip Opinion No: 2011 NY Slip Op 74180(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M120699

E/ct

JOSEPH COVELLO, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-01799

In the Matter of Florindo Volpacchio, appellant,

v Stacey Cantor, respondent.

(Docket Nos. F-15315/10, F-17069/10)

DECISION & ORDER ON MOTION

Appeal by Florindo Volpacchio from an order of the Family Court, Westchester County, dated January 25, 2011. 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 no papers having been 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