Spero v. Levinson

Full title: In the Matter of Marie Spero, respondent, v. David Levinson, appellant.

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

Date published: Aug 24, 2011

Motion No: 2011-04292 (N.Y. App. Div. Aug. 24, 2011)

Opinion

Motion No: 2011-04292 Docket No. F-11716/09 M124855

08-24-2011

In the Matter of Marie Spero, respondent, v. David Levinson, appellant.

DANIEL D. ANGIOLILLO

, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Appeal by David Levinson from an order of the Family Court, Nassau County, dated March 23, 2011. By order to show cause dated June 30, 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 May 17, 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 appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated May 17, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

ANGIOLILLO, J.P., FLORIO, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court