Matter of Goldberger v Ested
Motion No: 2020-00935
Slip Opinion No: 2020 NY Slip Op 70918(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

M272727

E/mb

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

LEONARD B. AUSTIN

LINDA CHRISTOPHER, JJ.

2020-00935

In the Matter of Aron Goldberger, appellant,

v Gilbert Ested, respondent.

(Docket No. F-02433-2019/2019A)

DECISION & ORDER ON MOTION

Appeal by Aron Goldberger from an order of the Family Court, Dutchess County, dated December 24, 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 in the above-entitled proceeding for failure to comply with a scheduling order dated February 18, 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 is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated February 18, 2020, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

SCHEINKMAN, P.J., MASTRO, AUSTIN and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court