| Matter of Cestero v Miraglia |
| Motion No: 2013-02053 |
| Slip Opinion No: 2013 NY Slip Op 75603(U) |
| Decided on June 3, 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. |
Appellate Division: Second Judicial Department
M157078
E/sl
RANDALL T. ENG, P.J.
CHERYL E. CHAMBERS
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2013-02053 In the Matter of Linda Cestero, respondent, v Frank Miraglia, appellant. (Proceeding No. 1) In the Matter of Frank Miraglia, appellant, v Linda Cestero, respondent. (Proceeding No. 2) (Docket Nos. F-4741-11/11A, F-4741-11/11B, F-4741-11/11C)
| DECISION & ORDER ON MOTION |
Appeal by Frank Miraglia from an order of the Family Court, Orange County, dated January 24, 2013. By order to show cause dated April 23, 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 proceedings for failure to comply with a scheduling order dated March 7, 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 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 March 7, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
ENG, P.J., CHAMBERS, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court