| Matter of Ruscito v Ruscito |
| Motion No: 2021-01031 |
| Slip Opinion No: 2021 NY Slip Op 66562(U) |
| Decided on May 24, 2021 |
| 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
M277218
AFA/
COLLEEN D. DUFFY, J.P.
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER
PAUL WOOTEN, JJ.
|
2021-01031 In the Matter of Anthony Ruscito, appellant, v Laura Ann Ruscito, respondent. (Docket No. O-2768-2020)
| DECISION & ORDER ON MOTION |
Appeal by Anthony Ruscito from an order of the Family Court, Orange County, dated January 6, 2021. By order to show cause dated April 12, 2021, 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 17, 2021, 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 of this Court dated February 17, 2021.
DUFFY, J.P., BRATHWAITE NELSON, CHRISTOPHER and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court