Matter of Rincon v Osejo
Motion No: 2011-10154
Slip Opinion No: 2012 NY Slip Op 64313(U)
Decided on February 15, 2012
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

M133253

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-10154

In the Matter of Jennifer Rincon, appellant,

v Danilo Enrique Osejo, respondent.

(Docket No. V-2370/10)

DECISION & ORDER ON MOTION

Appeal by Jennifer Rincon from an order of the Family Court, Nassau County, dated September 14, 2011. By order to show cause dated December 21, 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 November 10, 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 the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated November 10, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

DILLON, J.P., FLORIO, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court