| Matter of Gaither v Gaither |
| Motion No: 2012-07630 |
| Slip Opinion No: 2013 NY Slip Op 61578(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
M149592
E/ct
REINALDO E. RIVERA, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2012-07630 In the Matter of Marcus Gaither, appellant, v Karine Gaither, respondent. (Docket No. F-3822-04/11V)
| DECISION & ORDER ON MOTION |
Appeal by Marcus Gaither from an order of the Family Court, Rockland County, dated July 10, 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 4, 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 4, 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