Lewis v Lewis
Motion No: 2020-00192
Slip Opinion No: 2020 NY Slip Op 70913(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M272745

E/afa

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

LINDA CHRISTOPHER, JJ.

2020-00192

Paul D. Lewis, respondent,

v Michelle L. Lewis, appellant.

(Index No. 542/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated October 10, 2019. 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 with respect to issues other than custody and visitation in the above-entitled action for failure to comply with a scheduling order dated March 24, 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 no papers having been filed in response thereto, it is

ORDERED that the motion to dismiss the appeal with respect to issues other than custody and visitation is granted, and the appeal with respect to issues other than custody and visitation is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated March 24, 2020, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

MASTRO, J.P., DILLON, LEVENTHAL and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court