Matter of Hartzog v Callender
Motion No: 2012-07104
Slip Opinion No: 2013 NY Slip Op 65740(U)
Decided on February 27, 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

M151759

E/ct

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2012-07104

In the Matter of Jill Regina Hartzog, respondent,

v Derek Donald Callender, appellant.

(Docket No. F-29533-03/10E)

DECISION & ORDER ON MOTION

Appeal by Derek Donald Callender from an order of the Family Court, Kings County, dated June 14, 2012. By order to show cause dated December 20, 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 August 14, 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 August 14, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

DILLON, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court