Matter of Heilbrunn v Heilbrunn
Motion No: 2012-10071
Slip Opinion No: 2013 NY Slip Op 69892(U)
Decided on April 9, 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

M154110

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

SYLVIA HINDS-RADIX, JJ.

2012-10071

In the Matter of Mayling L. Heilbrunn,

appellant, v David S. Heilbrunn, respondent.

(Docket No. F-8205-06/11F)

DECISION & ORDER ON MOTION

Appeal by Mayling L. Heilbrunn from an order of the Family Court, Suffolk County, dated October 1, 2012. By order to show cause dated February 14, 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 of this Court dated November 30, 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 November 30, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

DILLON, J.P., CHAMBERS, HALL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court