| DelGuercio v DelGuercio |
| Motion No: 2019-00589 |
| Slip Opinion No: 2020 NY Slip Op 70912(U) |
| Decided on September 1, 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
M272743
E/afa
WILLIAM F. MASTRO, J.P.
SYLVIA O. HINDS-RADIX
LINDA CHRISTOPHER
PAUL WOOTEN, JJ.
|
2019-00589 Kathleen DelGuercio, appellant, v Robert DelGuercio, respondent. (Index No. 1327/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated October 17, 2018. By order to show cause dated July 14, 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 action for failure to comply with a scheduling order dated January 31, 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 January 31, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
MASTRO, J.P., HINDS-RADIX, CHRISTOPHER and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court