| Matter of Fitzpatrick v Maldonado |
| Motion No: 2012-07890 |
| Slip Opinion No: 2013 NY Slip Op 61577(U) |
| Decided on January 15, 2013 |
| 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. |
Appellate Division: Second Judicial Department
M149594
E/ct
REINALDO E. RIVERA, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2012-07890 In the Matter of Jocelyn Fitzpatrick, respondent, v Kristopher Maldonado, appellant. (Docket No. O-4330-11)
| DECISION & ORDER ON MOTION |
Appeal by Kristopher Maldonado from an order of the Family Court, Westchester County, dated July 9, 2012. By order to show cause dated November 26, 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 October 2, 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 October 2, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
RIVERA, J.P., LOTT, ROMAN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court