Matter of Bueno v Encarnacion
Motion No: 2011-05311
Slip Opinion No: 2011 NY Slip Op 85509(U)
Decided on September 30, 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

M126466

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2011-05311

In the Matter of Pedro Bueno, appellant,

v Virginia Encarnacion, respondent.

(Docket No. F-9314/09C)

DECISION & ORDER ON MOTION

Appeal by Pedro Bueno from an order of the Family Court, Kings County, dated January 12, 2011. By order to show cause dated August 18, 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 June 14, 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 opposition or in relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated June 14, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

MASTRO, J.P., FLORIO, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court