Matter of Cassese v Scott
Motion No: 2019-02048
Slip Opinion No: 2019 NY Slip Op 75300(U)
Decided on July 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

M264483

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2019-02048

In the Matter of Michael Cassese, appellant-

respondent, v Nicole Scott, respondent-appellant.

(Docket No. V-9024-17J)

DECISION & ORDER ON MOTION

Appeal by Michael Cassese, and cross appeal by Nicole Scott, from an order of the Family Court, Nassau County, dated January 11, 2019. By order to show cause dated October 14, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the cross appeal in the above-entitled proceeding for failure to comply with a scheduling order dated March 19, 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 cross appeal is granted, and the cross appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated March 19, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court