| Matter of Kline v DePasquale |
| Motion No: 2017-06067 |
| Slip Opinion No: 2017 NY Slip Op 87635(U) |
| Decided on October 2, 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
M238634
E/afa
RANDALL T. ENG, P.J.
JEFFREY A. COHEN
JOSEPH J. MALTESE
ANGELA G. IANNACCI, JJ.
|
2017-06067 In the Matter of Barbara E. Kline, respondent, v Fabio DePasquale, appellant. (Docket No. O-1356-16/16A)
| DECISION & ORDER ON MOTION |
Appeal by Fabio DePasquale from an order of the Family Court, Orange County, dated April 26, 2017. By order to show cause dated August 10, 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 June 27, 2017, 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 June 27, 2017, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
ENG, P.J., COHEN, MALTESE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court