Gentile v Gentile
Motion No: 2012-10126
Slip Opinion No: 2013 NY Slip Op 67838(U)
Decided on March 20, 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

M153347

E/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2012-10126

Steven J. Gentile, respondent,

v Garrett Cobb Gentile, appellant.

(Index No. 5389/11)

DECISION & ORDER ON MOTION

Appeal by Garrett Cobb Gentile from an order of the Supreme Court, Rockland County, dated August 30, 2012. By order to show cause dated February 5, 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 action for failure to comply with a scheduling order dated December 6, 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 December 6, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

RIVERA, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court