Matter of Terzakos v Xydous
Motion No: 2018-10619
Slip Opinion No: 2019 NY Slip Op 65489(U)
Decided on March 15, 2019
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

M261054

E/mm

ALAN D. SCHEINKMAN, P.J.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2018-10619

In the Matter of James Terzakos, appellant,

v Marina Xydous, respondent.

(Docket Nos. V-17315-12, V-5507-13)

DECISION & ORDER ON MOTION

Appeal by James Terzakos from an order of the Family Court, Queens County, dated July 31, 2018. By order to show cause dated January 30, 2019, 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 October 18, 2018, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][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 18, 2018, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

SCHEINKMAN, P.J., CHAMBERS, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court