| Matter of Barbaccia v Barbaccia |
| Motion No: 2013-08469 |
| Slip Opinion No: 2013 NY Slip Op 95347(U) |
| Decided on December 30, 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
M167017
E/sl
PETER B. SKELOS, J.P.
PLUMMER E. LOTT
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2013-08469 In the Matter of Jill Barbaccia, respondent, v Frank Barbaccia, appellant. (Docket No. F-2458-11/12B)
| DECISION & ORDER ON MOTION |
Appeal by Frank Barbaccia from an order of the Family Court, Rockland County, dated June 6, 2013. By order to show cause dated November 13, 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 September 26, 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 September 26, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
SKELOS, J.P., LOTT, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court