Sabbagh v Sabbagh
Motion No: 2015-04300
Slip Opinion No: 2015 NY Slip Op 87032(U)
Decided on October 8, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M199629

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX, JJ.

2015-04300

Darlene Sabbagh, respondent-appellant,

v Thomas Sabbagh, appellant-respondent.

(Index No. 201744/14)

DECISION & ORDER ON MOTION

Appeal by Thomas Sabbagh and cross appeal by Darlene Sabbagh from an order of the Supreme Court, Nassau County, dated January 23, 2015. By order to show cause dated August 14, 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 and the cross appeal in the above-entitled action for failure to comply with a scheduling order dated June 19, 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 and the cross appeal is granted, and the appeal and the cross appeal are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated June 19, 2015, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

RIVERA, J.P., LEVENTHAL, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court