Matter of Giustino v Dooley
Motion No: 2013-06012
Slip Opinion No: 2013 NY Slip Op 88684(U)
Decided on October 17, 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

M163856

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2013-06012, 2013-06013

In the Matter of John Giustino, respondent,

v Tom Dooley, appellant.

(Docket No. O-12179-12)

DECISION & ORDER ON MOTION

Appeals by Tom Dooley from two orders of the Family Court, Queens County, dated May 1, 2013, and May 7, 2013, respectively. By order to show cause dated August 19, 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated June 18, 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 appeals is granted, and the appeals are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated June 18, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

RIVERA, J.P., DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court