Matter of Bauer v Schappert
Motion No: 2012-07158
Slip Opinion No: 2012 NY Slip Op 90418(U)
Decided on November 15, 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

M146357

E/ct

REINALDO E. RIVERA, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2012-07158

In the Matter of Esther R. Bauer, respondent,

v George E. Schappert, appellant.

(Docket Nos. F-6958-05/11B, F-6958-05/11C)

DECISION & ORDER ON MOTION

Appeal by George E. Schappert from an order of the Family Court, Westchester County, dated June 6, 2012. By order to show cause dated October 4, 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 August 15, 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 August 15, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

RIVERA, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court