Matter of DiGiacomo v Hiller
Motion No: 2011-02413
Slip Opinion No: 2011 NY Slip Op 75352(U)
Decided on June 10, 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

M121357

/ct

DANIEL D. ANGIOLILLO, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

JEFFREY A. COHEN, JJ.

2011-02413

In the Matter of Giacomino DiGiacomo, appellant,

v Tracey Hiller, respondent.

(Docket Nos. V-6748-04/10F, V-6748-04/10G,

V-6749-04/10F, V-6749-04/10G)

DECISION & ORDER ON MOTION

Appeal by Giacomino DiGiacomo from an order of the Family Court, Suffolk County, dated January 20, 2011. By order to show cause dated May 4, 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 24, 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 24, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

ANGIOLILLO, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court