Appellate Division: Second Judicial Department

M246359

E/afa

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2017-06326 Marash Gjelaj, respondent, v Anisa Gjelaj, appellant. (Index No. 2505/13)

DECISION & ORDER ON MOTION

Appeal by Anisa Gjelaj from a judgment of the Supreme Court, Westchester County, dated April 26, 2017. By order to show cause dated December 14, 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 from so much of the judgment as relates to issues other than custody and visitation in the above-entitled action for failure to comply with a scheduling order dated October 17, 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 from so much of the judgment as relates to issues other than custody and visitation is granted, and the appeal from so much of the judgment as relates to issues other than custody and visitation is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated October 17, 2017, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

LEVENTHAL, J.P., COHEN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court