Matter of Fago v Fago
Motion No: 2013-11151
Slip Opinion No: 2014 NY Slip Op 71183(U)
Decided on May 5, 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

M173429

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2013-11151, 2013-11152

In the Matter of Donna Fago, respondent,

v Michael Fago, Sr., appellant.

(Docket No. F-2871-08/12H)

DECISION & ORDER ON MOTION

Appeals by Michael Fago, Sr. from two orders of the Family Court, Richmond County, dated July 9, 2013, and October 29, 2013, respectively. By order to show cause dated March 4, 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated January 16, 2014, 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 January 16, 2014, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

BALKIN, J.P., CHAMBERS, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court