Palacci v. Elbaz

Full title: In the Matter of Carol E. Palacci, respondent, v. Barbara Elbaz, appellant.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Nov 14, 2011

2011 N.Y. Slip Op. 89632 (N.Y. App. Div. 2011)

Opinion

Motion No: 2011-03228 Docket No. O-31029/10 M128233

11-14-2011

In the Matter of Carol E. Palacci, respondent, v. Barbara Elbaz, appellant.

ANITA R. FLORIO

, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

DECISION & ORDER ON MOTION

Appeal by Barbara Elbaz from an order of the Family Court, Kings County, dated February 28, 2011. By order to show cause dated September 16, 2011, the parties or their attorneys 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 April 15, 2011, 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 is granted, and it is further,

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated April 15, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

FLORIO, J.P., HALL, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court