| Matter of Caballero v Day |
| Motion No: 2016-04284 |
| Slip Opinion No: 2016 NY Slip Op 83110(U) |
| Decided on August 19, 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. |
Appellate Division: Second Judicial Department
M216688
E/afa
RANDALL T. ENG, P.J.
SHERI S. ROMAN
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2016-04284 In the Matter of Gerardo Caballero, appellant, v Morgan Day, respondent. (Docket Nos. V-21186-15, V-16454-15, V-16454-15/15A)
| DECISION & ORDER ON MOTION |
Appeal by Gerardo Caballero from an order of the Family Court, Suffolk County, dated February 5, 2016. By order to show cause dated July 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 proceedings for failure to comply with a scheduling order dated May 13, 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 the papers 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 May 13, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
ENG, P.J., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court