| Matter of Cox v Phillibert |
| Motion No: 2013-01495 |
| Slip Opinion No: 2013 NY Slip Op 82019(U) |
| Decided on August 12, 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
M160461
E/ct
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2013-01495
In the Matter of Lisa L. Cox, appellant-respondent, v Aubrey C. Phillibert, respondent-appellant. (Docket No. F-6340-11)
| DECISION & ORDER ON MOTION |
Appeal by Lisa L. Cox and cross appeal by Aubrey C. Phillibert from an order of the Family Court, Westchester County, dated January 16, 2013. By order to show cause dated July 3, 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 for failure to comply with the decision and order on motion of this Court dated May 8, 2013, and dismissing the cross appeal for failure to comply with the scheduling order of this Court 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 is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this Court dated May 8, 2013, and the cross appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order of this Court dated March 7, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
RIVERA, J.P., SKELOS, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court