| Matter of Capria v Wimmer |
| Motion No: 2020-03250 |
| Slip Opinion No: 2020 NY Slip Op 71506(U) |
| Decided on September 11, 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
M272942
E/sl
CHERYL E. CHAMBERS, J.P.
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY
PAUL WOOTEN, JJ.
|
2020-03250 In the Matter of Ellie Capria, respondent, v Martin Wimmer, appellant. (Docket No. F-09065-2019)
| DECISION & ORDER ON MOTION |
Appeal by Martin Wimmer from an order of the Family Court, Suffolk County, dated February 19, 2020. By order to show cause dated July 24, 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 May 28, 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 granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated May 28, 2020, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
CHAMBERS, J.P., DUFFY, CONNOLLY and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court