| Pezzollo v Pezzollo |
| Motion No: 2016-06899 |
| Slip Opinion No: 2016 NY Slip Op 89979(U) |
| Decided on October 31, 2016 |
| 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
M220602
E/ct
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
|
2016-06899 Joan Pezzollo, appellant-respondent, v Eugene Pezzollo, respondent-appellant. (Index No. 202857/14)
| DECISION & ORDER ON MOTION |
Appeal by Joan Pezzollo and cross appeal by Eugene Pezzollo from an order of the Supreme Court, Nassau County, entered April 15, 2016. By order to show cause dated September 20, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal by Joan Pezzollo in the above-entitled action for failure to comply with a scheduling order dated August 5, 2016, 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 to dismiss the appeal by Joan Pezzollo is granted, and the appeal by Joan Pezzollo is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated August 5, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
DILLON, J.P., DICKERSON, HINDS-RADIX and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court