Matter of Hernandez v Gatica
Motion No: 2014-01539
Slip Opinion No: 2014 NY Slip Op 78710(U)
Decided on July 24, 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

M177405

E/ct

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

COLLEEN D. DUFFY, JJ.

2014-01539

In the Matter of Walter Hernandez,

appellant, v Sindi Gatica, respondent.

(Docket No. V-19288-13)

DECISION & ORDER ON MOTION

Appeal by Walter Hernandez from an order of the Family Court, Suffolk County, dated February 4, 2014. By order to show cause dated June 6, 2014, the parties 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 April 17, 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 appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated April 17, 2014, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

RIVERA, J.P., DICKERSON, CHAMBERS and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court