Matter of Pesco v Pustai
Motion No: 2018-01428
Slip Opinion No: 2018 NY Slip Op 74058(U)
Decided on June 1, 2018
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M250895

E/afa

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2018-01428

In the Matter of Lisa Pesco, respondent,

v Jeffrey Pustai, appellant.

(Docket No. F-982-08/17C)

DECISION & ORDER ON MOTION

Appeal by Jeffrey Pustai from an order of the Family Court, Dutchess County, dated December 21, 2017. By order to show cause dated April 30, 2018, 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 proceeding for failure to comply with a scheduling order dated March 20, 2018, 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 March 20, 2018, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

DILLON, J.P., LEVENTHAL, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court