| Matter of Cannella v Anthony |
| Motion No: 2011-05217 |
| Slip Opinion No: 2011 NY Slip Op 85511(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. |
Appellate Division: Second Judicial Department
M126465
E/sl
WILLIAM F. MASTRO, J.P.
ANITA R. FLORIO
RANDALL T. ENG
SANDRA L. SGROI, JJ.
|
2011-05217 In the Matter of Frank Cannella, appellant, v Marguarite Anthony, respondent. (Proceeding No. 1) In the Matter of Marguerite Anthony, respondent, v Frank Cannella, appellant. (Proceeding No. 2) (Docket Nos. F-3131-06/10H, F-3131-06/10I)
| DECISION & ORDER ON MOTION |
Appeal by Frank Cannella from an order of the Family Court, Rockland County, dated April 29, 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 13, 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 13, 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