| Matter of Cundari v Cundari |
| Motion No: 2011-11656 |
| Slip Opinion No: 2012 NY Slip Op 68460(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. |
Appellate Division: Second Judicial Department
M135353
E/sl
DANIEL D. ANGIOLILLO, J.P.
ARIEL E. BELEN
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
|
2011-11656 In the Matter of Rosario Cundari, appellant, v Jennifer Cundari, respondent. (Docket Nos. V-19138-11/11A, V-19139-11/11A)
| DECISION & ORDER ON MOTION |
Appeal by Rosario Cundari from an order of the Family Court, Suffolk County, dated November 3, 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 proceedings for failure to comply with a scheduling order dated December 30, 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 December 30, 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