Matter of Dickovitch v Vollaro
Motion No: 2016-12797
Slip Opinion No: 2017 NY Slip Op 72398(U)
Decided on May 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M230331

E/afaRANDALL T. ENG, P.J.

LEONARD B. AUSTIN

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2016-12797

In the Matter of Christine Dickovitch, respondent,

v James Vollaro, appellant.

(Docket No. O-7373-16)

DECISION & ORDER ON MOTION

Appeal by James Vollaro from an order of the Family Court, Nassau County, dated October 7, 2016. By order to show cause dated February 24, 2017, 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 December 22, 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 December 22, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

ENG, P.J., AUSTIN, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court