Matter of Barretti v Cesare
Motion No: 2021-05682
Slip Opinion No: 2021 NY Slip Op 75528(U)
Decided on December 3, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M280380

AFA/

CHERYL E. CHAMBERS, J.P.

LINDA CHRISTOPHER

JOSEPH A. ZAYAS

DEBORAH A. DOWLING, JJ.

2021-05682

In the Matter of Thomas Michael Barretti,

appellant, v Maria Cesare, respondent.

(Docket No. F-6281-2019)

DECISION & ORDER ON MOTION

Appeal by Thomas Michael Barretti from an order of the Family Court, Nassau County, dated June 24, 2021. By order to show cause dated September 24, 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 proceedings for failure to comply with a scheduling order dated August 11, 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 dated August 11, 2021, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

CHAMBERS, J.P., CHRISTOPHER, ZAYAS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court