| Bailey v Bailey |
| Motion No: 2019-13783 |
| Slip Opinion No: 2020 NY Slip Op 65872(U) |
| Decided on May 6, 2020 |
| 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. |
Appellate Division: Second Judicial Department
M270729
kbp/
WILLIAM F. MASTRO, J.P.
ROBERT J. MILLER
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
|
2019-13783 Nicole Bailey, respondent, v David Bailey, appellant. (Index No. 63168/17)
| DECISION & ORDER ON MOTION |
Appeal by David Bailey from a judgment of the Supreme Court, Westchester County, dated September 27, 2019. By order to show cause dated February 19, 2020, 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 January 2, 2020, 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 denied.
MASTRO, J.P., MILLER, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court