Appellate Division: Second Judicial Department

M280892

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

LARA J. GENOVESI

DEBORAH A. DOWLING, JJ.

2020-00192 Paul D. Lewis, respondent, v Michelle L. Lewis, appellant. (Index No. 542/2017)

DECISION & ORDER ON MOTION

Appeal from a decision and order (one paper) of the Supreme Court, Suffolk County, dated October 10, 2019. By decision and order on motion of this Court dated September 1, 2020, the appeal with respect to issues other than custody and visitation was dismissed 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]). By order to show cause dated October 25, 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 with respect to issues involving custody and visitation in the above-entitled action on the ground that no appeal lies from a decision.

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 in its entirety, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509; see also US Bank N.A. v Calle, 181 AD3d 938).

DILLON, J.P., MILLER, GENOVESI and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court