Matter of Pacheco v Pacheco
Motion No: 2012-08714
Slip Opinion No: 2013 NY Slip Op 62240(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

M149943

E/sl

RUTH C. BALKIN, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-08714

In the Matter of Ivy Pacheco, respondent,

v Stephan Pacheco, appellant.

(Proceeding No. 1)

In the Matter of Stephan Pacheco, appellant,

v Ivy Pacheco, respondent.

(Proceeding No. 2)

(Docket Nos. O-13435-09 & 09/11A, V-13436-09)

DECISION & ORDER ON MOTION

Appeal by Stephan Pacheco from an order of the Family Court, Westchester County, dated July 27, 2012. By order to show cause dated December 5, 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 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]).

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

ENTER:

Aprilanne Agostino

Clerk of the Court