Matter of Perez v Rivera
Motion No: 2012-04214
Slip Opinion No: 2012 NY Slip Op 92468(U)
Decided on December 5, 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

M147411

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2012-04214

In the Matter of Edith Mazzone Perez,

appellant, v Rose Rivera, respondent.

(Docket No. O-9320/12)

DECISION & ORDER ON MOTION

Appeal by Edith Mazzone Perez from an order of the Family Court, Kings County, dated April 30, 2012. By order to show cause dated October 15, 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 August 31, 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 31, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

ANGIOLILLO, J.P., DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court