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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO MICHAEL C. LUCERO, 3 Petitioner-Appellant, v. NO. 32,529 APRIL D. THOMPSON, 6 Respondent-Appellee.

7 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Gerard J. Lavelle, District Judge Lastrapes, Spangler & Pacheco Phillip E. Marbury Rio Rancho, NM for Appellant Kelley Family Law, P.C.

14 Patrick T. Kelley Albuquerque, NM for Appellee 17 MEMORANDUM OPINION VANZI, Judge.

1 Petitioner appeals from a district court order permitting Respondent to relocate the children and modifying custody accordingly. We issued an amended calendar notice proposing to affirm. Petitioner has not filed a memorandum in opposition, and the time for doing so has expired. See Rule 12-210(D)(3) NMRA. Accordingly, we affirm the district court order. See Frick v. Veazey, 116 N.M. 246, 247, 861 P.2d 287, 288 (Ct. App. 1993) (“Failure to file a memorandum in opposition constitutes acceptance of the disposition proposed in the calendar notice.”). Respondent’s motion to expedite mandate is hereby GRANTED.

9 IT IS SO ORDERED.

10 __________________________________ 11 LINDA M. VANZI, Judge WE CONCUR:

13 _________________________________ RODERICK T. KENNEDY, Chief Judge

15 _________________________________ MICHAEL D. BUSTAMANTE, Judge