Matter of Fuchs v Carbo
Motion No: 2016-02380
Slip Opinion No: 2016 NY Slip Op 77119(U)
Decided on June 17, 2016
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

M213390

E/ct

RANDALL T. ENG, P.J.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-02380

In the Matter of Caitlin Fuchs, respondent,

v Tito Carbo, appellant.

(Docket No. F-19001-11/14C)

DECISION & ORDER ON MOTION

Appeal by Tito Carbo from an order of the Family Court, Queens County, dated January 22, 2016. By order to show cause dated May 11, 2016, 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 March 23, 2016, 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 March 23, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

ENG, P.J., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court