Matter of Cabrera v Cabrera
Motion No: 2011-11013
Slip Opinion No: 2012 NY Slip Op 71593(U)
Decided on April 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

M136927

E/sl

DANIEL D. ANGIOLILLO, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2011-11013

In the Matter of Amy Mochel Cabrera,

respondent, v Fernando Cabrera, appellant.

(Docket Nos. V-1114-09/10D, V-1114-09/10D)

DECISION & ORDER ON MOTION

Appeal by Fernando Cabrera from an order of the Family Court, Rockland County, dated October 13, 2011. By order to show cause dated March 23, 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 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 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 13, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

ANGIOLILLO, J.P., ENG, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court