Matter of Castillo v Vargas
Motion No: 2011-06805
Slip Opinion No: 2012 NY Slip Op 68458(U)
Decided on March 27, 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

M135351

E/sl

DANIEL D. ANGIOLILLO, J.P.

ARIEL E. BELEN

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-06805

In the Matter of Bolivar Castillo, appellant,

v Lilliam Y. Vargas, respondent.

(Docket No. V-4085-09)

DECISION & ORDER ON MOTION

Appeal by Bolivar Castillo from an order of the Family Court, Rockland County, dated June 10, 2011. By order to show cause dated February 10, 2012, 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 August 5, 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 to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated August 5, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

ANGIOLILLO, J.P., BELEN, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court