Matter of Esperto v Sindlinger
Motion No: 2018-10078
Slip Opinion No: 2018 NY Slip Op 89032(U)
Decided on November 20, 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

M257597

E/afa

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2018-10078

In the Matter of Mary Esperto, appellant,

v James K. Sindlinger, respondent.

(Docket Nos. F-12936-09/18I, F-12936-09/18J)

DECISION & ORDER ON MOTION

Appeal by Mary Esperto from an order of the Family Court, Nassau County, dated July 2, 2018. By order to show cause dated October 22, 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 September 6, 2018, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][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 September 6, 2018, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

RIVERA, J.P., CHAMBERS, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court