Matter of Buscemi v Johnson
Motion No: 2011-10086
Slip Opinion No: 2012 NY Slip Op 73377(U)
Decided on May 16, 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

M137803

E/ct

ANITA R. FLORIO, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

2011-10086

In the Matter of Lawrence Buscemi, appellant,

v Julie Johnson, respondent.

(Docket No. F-17977-10/10A/10B)

DECISION & ORDER ON MOTION

Appeal by Lawrence Buscemi from an order of the Family Court, Suffolk County, dated September 19, 2011. By order to show cause dated April 12, 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 decision and order on motion of this Court dated February 24, 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 24, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

FLORIO, J.P., BALKIN, CHAMBERS and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court