| Matter of Graber v Cosgrove |
| Motion No: 2013-10413 |
| Slip Opinion No: 2014 NY Slip Op 66660(U) |
| Decided on March 17, 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. |
Appellate Division: Second Judicial Department
M171079
E/sl
RANDALL T. ENG, P.J.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
COLLEEN D. DUFFY, JJ.
|
2013-10413 In the Matter of Kevin S. Graber, appellant, v Caroline Cosgrove, respondent. (Docket Nos. V-21865-10/13B, V-21865-10/13C, V-20724-10/13C, V-20724-10)
| DECISION & ORDER ON MOTION |
Appeal by Kevin S. Graber from an order of the Family Court, Suffolk County, dated September 19, 2013. By order to show cause dated January 24, 2014, 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 proceedings for failure to comply with a scheduling order dated November 27, 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 the papers 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 November 27, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
ENG, P.J., DICKERSON, CHAMBERS and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court