Matter of Karogas v Karagas
Motion No: 2012-08885
Slip Opinion No: 2013 NY Slip Op 62234(U)
Decided on January 22, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M149937

E/sl

RUTH C. BALKIN, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-08885

In the Matter of James A. Karogas, appellant,

v Athena Karagas, et al., respondents.

(Docket Nos. V-4217-12, V-4218-12)

DECISION & ORDER ON MOTION

Appeal by James A. Karogas from an order of the Family Court, Dutchess County, dated August 15, 2012. By order to show cause dated December 12, 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 October 19, 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 19, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

BALKIN, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court