Matter of D'Altorio v Suffolk County Department of Social Services
Motion No: 2022-00103
Slip Opinion No: 2022 NY Slip Op 67415(U)
Decided on June 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M283450

MB/

ANGELA G. IANNACCI, J.P.

JOSEPH A. ZAYAS

LARA J. GENOVESI

WILLIAM G. FORD, JJ.

2022-00103

In the Matter of Michelle D'Altorio, appellant,

v Suffolk County Department of Social Services,

on behalf of Marilyn D'Altorio, respondent.

(Docket No. U-3877-2016/2021E)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Suffolk County, dated November 26, 2021. By order to show cause dated February 28, 2022, the parties to the appeal were directed to show cause before this Court why an order in the above-entitled action 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 January 12, 2022, 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 the papers 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 January 12, 2022, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

IANNACCI, J.P., ZAYAS, GENOVESI and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court