| Matter of Werner v Mazzenga |
| Motion No: 2018-12340 |
| Slip Opinion No: 2019 NY Slip Op 67307(U) |
| Decided on April 5, 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. |
Appellate Division: Second Judicial Department
M261606
E/afa
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2018-12340 In the Matter of Robert L. Werner, appellant, v Heather Mazzenga, respondent. (Docket Nos. V-2133-17/18H, V-2133-17/17C, V-2133-17/17B, V-2133-17/17A, F-1282-09/18E, F-1282-09/17B, F-122-09/18N, F-122-09/17K, F-122-09/17I, F-122-09/17H, F-1282-09/17A)
| DECISION & ORDER ON MOTION |
Appeal by Robert L. Werner from an order of the Family Court, Rockland County, dated August 17, 2018. By order to show cause dated February 21, 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 31, 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 the papers 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 31, 2018, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
BALKIN, J.P., COHEN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court