Matter of Keating v Keating
Motion No: 2012-05054
Slip Opinion No: 2012 NY Slip Op 93299(U)
Decided on December 11, 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

M147917

E/sl

DANIEL D. ANGIOLILLO, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2012-05054

In the Matter of Matthew J. Keating, appellant,

v Wanda Keating, respondent.

(Docket No. V-12519/09/09A)

DECISION & ORDER ON MOTION

Appeal by Matthew J. Keating from an order of the Family Court, Westchester County, dated April 20, 2012. By order to show cause dated November 8, 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 dated September 12, 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 decision and order on motion dated September 12, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

ANGIOLILLO, J.P., LEVENTHAL, LOTT and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court