Matter of Lugo v Anzalone
Motion No: 2013-08891
Slip Opinion No: 2014 NY Slip Op 60998(U)
Decided on January 15, 2014
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

M167605

E/nl

WILLIAM F. MASTRO, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2013-08891

In the Matter of Deborah Lugo, respondent,

v John M. Anzalone, appellant.

(Docket No. F-12793-08/12I)

DECISION & ORDER ON MOTION

Appeal by John M. Anzalone from an order of the Family Court, Westchester County, dated August 6, 2013. By order to show cause dated November 22, 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 October 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 October 7, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

MASTRO, J.P., COHEN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court