| Matter of Holtz v Leete |
| Motion No: 2021-08961 |
| Slip Opinion No: 2022 NY Slip Op 62823(U) |
| Decided on March 14, 2022 |
| 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
M281915
AFA/
MARK C. DILLON, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
WILLIAM G. FORD, JJ.
|
2021-08961 In the Matter of Kerriann Holtz, etc., appellant, v Thomas Leete, respondent. (Docket No. V-03935-2020/2020A)
| DECISION & ORDER ON MOTION |
Appeal by Kerriann Holtz from an order of the Family Court, Dutchess County, dated November 5, 2021. By order to show cause dated January 28, 2022, 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 December 13, 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 opposition or 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 December 13, 2021, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
DILLON, J.P., CHRISTOPHER, GENOVESI and FORD, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court