Matter of Costache v Mehra
Motion No: 2012-10633
Slip Opinion No: 2013 NY Slip Op 67663(U)
Decided on March 18, 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

M153058

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-10633

In the Matter of Elena L. Costache, appellant,

v Ajay K. Mehra, respondent.

(Docket No. O-18335-12)

DECISION & ORDER ON MOTION

Appeal by Elena L. Costache from an order of the Family Court, Suffolk County, dated October 23, 2012. By order to show cause dated January 24, 2013, 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 December 12, 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 the papers 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 December 12, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

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

ENTER:

Aprilanne Agostino

Clerk of the Court