Matter of Serina v Barros
Motion No: 2018-13742
Slip Opinion No: 2019 NY Slip Op 64679(U)
Decided on March 6, 2019
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

M260755

E/mm

ALAN D. SCHEINKMAN, P.J.

MARK C. DILLON

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2018-13742

In the Matter of Gary Serina, respondent,

v Rosemary Barros, appellant.

(Docket No. V-16039-13/17H)

DECISION & ORDER ON MOTION

Appeal by Rosemary Barros from an order of the Family Court, Westchester County, dated October 23, 2018. By order to show cause dated January 22, 2019, 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 November 29, 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 November 29, 2018, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

SCHEINKMAN, P.J., DILLON, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court