| Matter of Drago v Racho |
| Motion No: 2016-10555 |
| Slip Opinion No: 2017 NY Slip Op 62098(U) |
| Decided on January 26, 2017 |
| 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
M225235
E/afa
RANDALL T. ENG, P.J.
MARK C. DILLON
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2016-10555 MOTION In the Matter of Michael Drago, appellant, v Leonette Racho, respondent. (Docket No. V-622-12/16D)
| DECISION & ORDER ON |
Appeal by Michael Drago from an order of the Family Court, Orange County, dated September 8, 2016. By order to show cause dated December 15, 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 October 24, 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 October 24, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
ENG, P.J., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court