Matter of Difede v Difede
Motion No: 2019-05452
Slip Opinion No: 2019 NY Slip Op 78275(U)
Decided on August 28, 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

M265494

kbp/

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2019-05452

In the Matter of John J. Difede, appellant,

v Janine V. Difede, respondent.

(Docket No. V-4327-18/18A)

DECISION & ORDER ON MOTION

Appeal by John J. Difede from an order of the Family Court, Westchester County, dated April 26, 2019. By order to show cause dated July 15, 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 May 29, 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 May 29, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

DILLON, J.P., AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court