Matter of Weiss-Dailey v Dailey
Motion No: 2013-01402
Slip Opinion No: 2013 NY Slip Op 74712(U)
Decided on May 23, 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

M156849

E/ct

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2013-01402

In the Matter of Wendy L. Weiss-Dailey,

respondent, v Richard J. Dailey, appellant.

(Docket No. F-22563-09/11C & D)

DECISION & ORDER ON MOTION

Appeal by Richard J. Dailey from an order of the Family Court, Suffolk County, dated December 18, 2012. By order to show cause dated April 17, 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 February 20, 2013, 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 February 20, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court