| Matter of Grace v Rodriguez |
| Motion No: 2017-01346 |
| Slip Opinion No: 2017 NY Slip Op 74866(U) |
| Decided on May 25, 2017 |
| 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
M231594
E/sl
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
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2017-01346 In the Matter of Elizabeth Grace, appellant, v Jesse Flash Rodriguez, respondent. (Proceeding No. 1) In the Matter of Jesse Flash Rodriguez, respondent, v Elizabeth Grace, appellant. (Proceeding No. 2) (Docket Nos. V-2642-10/15S, V-2643-10/15Q, V-2642-10/16AA, V-2643-10/16Y)
| DECISION & ORDER ON MOTION |
Appeal by Elizabeth Grace from an order of the Family Court, Nassau County, dated December 12, 2016. By order to show cause dated April 12, 2017, 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 February 23, 2017, 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 is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated February 23, 2017, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
BALKIN, J.P., SGROI, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court