Bub v DeCintio
Motion No: 2018-12320
Slip Opinion No: 2019 NY Slip Op 67942(U)
Decided on April 15, 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

M261878

E/afa

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

ANGELA G. IANNACCI, JJ.

2018-12320

George Bub, respondent,

v Gina DeCintio, appellant.

(Index No. 9360/15)

DECISION & ORDER ON MOTION

Appeal by Gina DeCintio from an order of the Supreme Court, Suffolk County, dated July 5, 2018. By order to show cause dated February 13, 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 December 19, 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 the papers 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 December 19, 2018, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

CHAMBERS, J.P., AUSTIN, ROMAN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court