| Matter of Masiello v Zernone |
| Motion No: 2014-10488 |
| Slip Opinion No: 2015 NY Slip Op 73583(U) |
| Decided on May 19, 2015 |
| 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
M192526
E/ct
RUTH C. BALKIN, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
JOSEPH J. MALTESE, JJ.
|
2014-10488 In the Matter of John A. Masiello, appellant, v Michelle L. Zernone, respondent. (Docket Nos. F-2161-12/13C, F-2161-12/13D, F-1449-13/13A)
| DECISION & ORDER ON MOTION |
Appeal by John A. Masiello from an order of the Family Court, Richmond County, dated September 23, 2014. By order to show cause dated April 9, 2015, 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 proceedings for failure to comply with a decision and order on motion of this Court dated February 9, 2015, 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 decision and order on motion dated February 9, 2015, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
BALKIN, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court