Dodd v Dodd
Motion No: 2019-01123
Slip Opinion No: 2019 NY Slip Op 70788(U)
Decided on May 17, 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

M262846

E/mm

LEONARD B. AUSTIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2019-01123

Daniel Dodd, respondent,

v Heather Dodd, appellant.

(Index No. 1435/17)

DECISION & ORDER ON MOTION

Appeal by Heather Dodd from a judgment of the Supreme Court, Orange County, dated November 8, 2018. By order to show cause dated March 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 action for failure to comply with a scheduling order dated February 6, 2019, 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 February 6, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

AUSTIN, J.P., LEVENTHAL, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court