Matter of Giambattisto v Giambattisto
2026 NY Slip Op 70086(U)
June 10, 2026
Appellate Division, Second Department
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.
In the Matter of Nicholas J. Giambattisto, appellant,
v
Kyla S. Giambattisto, respondent. (Proceeding No. 1) In the Matter of Kyla S. Giambattisto, respondent,
Nicholas J. Giambattisto, appellant. (Proceeding No. 2)
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
June 10, 2026
2025-10192, V-989-2023, V-902-2024
Colleen D. Duffy, J.P.
Angela G. Iannacci
Paul Wooten
James P. McCormack, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal by Nicholas J. Giambattisto from an order of the Family Court, Putnam County, dated July 16, 2025. By order to show cause dated March 30, 2026, 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 September 12, 2025, 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 September 12, 2025, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
DUFFY, J.P., IANNACCI, WOOTEN and MCCORMACK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court