| Matter of DeMarco v Vitek |
| Motion No: 2016-07592 |
| Slip Opinion No: 2016 NY Slip Op 91826(U) |
| Decided on November 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. |
Appellate Division: Second Judicial Department
M221429
E/afa
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
FRANCESCA E. CONNOLLY, JJ.
|
2016-07592 In the Matter of Dominic T. DeMarco, respondent, v Desiree A. Vitek, appellant. (Proceeding No. 1) In the Matter of Desiree A. Vitek, appellant, v Dominic T. DeMarco, respondent. (Proceeding No. 2) (Docket Nos. V-3195-12/15A, V-3195-12/15B, V-3195-12/16C)
| DECISION & ORDER ON MOTION |
Appeal by Desiree A. Vitek from an order of the Family Court, Orange County, dated June 22, 2016. By order to show cause dated October 5, 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 August 4, 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 August 4, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
RIVERA, J.P., AUSTIN, ROMAN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court