| Matter of Palacci v Elbaz |
| Motion No: 2011-03228 |
| Slip Opinion No: 2011 NY Slip Op 89632(U) |
| Decided on November 14, 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
M128233
E/sl
ANITA R. FLORIO, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2011-03228 In the Matter of Carol E. Palacci, respondent, v Barbara Elbaz, appellant. (Docket No. O-31029/10)
| DECISION & ORDER ON MOTION |
Appeal by Barbara Elbaz from an order of the Family Court, Kings County, dated February 28, 2011. By order to show cause dated September 16, 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 April 15, 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 motion is granted, and it is further,
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated April 15, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
FLORIO, J.P., HALL, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court