Matter of Hirsch v Cusano
Motion No: 2022-02840
Slip Opinion No: 2022 NY Slip Op 72119(U)
Decided on September 21, 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

M285028

AFA/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2022-02840

In the Matter of Robert Hirsch, appellant,

v Michael Cusano, Jr., respondent.

(Docket No. O-12064-2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Suffolk County, dated March 10, 2022. By order to show cause dated July 18, 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 proceeding for failure to comply with a scheduling order dated April 25, 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 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 April 25, 2022, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

IANNACCI, J.P., WOOTEN, DOWLING and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court