Matter of Fahey v Cretara
Motion No: 2013-08159
Slip Opinion No: 2013 NY Slip Op 94503(U)
Decided on December 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

M166944

E/ct

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2013-08159

In the Matter of James Fahey, respondent,

v Debra Cretara, appellant.

(Docket No. F-3850-12/12A)

DECISION & ORDER ON MOTION

Appeal by Debra Cretara from an order of the Family Court, Westchester County, dated July 9, 2013. By order to show cause dated October 29, 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 August 29, 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 August 29, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

DILLON, J.P., ANGIOLILLO, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court