Matter of Krisky v Porcaro
Motion No: 2011-10254
Slip Opinion No: 2012 NY Slip Op 71601(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

M136930

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2011-10254

In the Matter of Patricia Barr Krisky, respondent,

v Peter Porcaro, Sr., appellant.

(Docket No. F-670-04/06B)

DECISION & ORDER ON MOTION

Appeal by Peter Porcaro, Sr., from an order of the Family Court, Richmond County, dated September 23, 2011. By order to show cause dated March 19, 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 February 3, 2012, 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 February 3, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

SKELOS, J.P., DICKERSON, ENG and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court