Matter of Ruggirello v Curtis
Motion No: 2023-00683
Slip Opinion No: 2023 NY Slip Op 71781(U)
Decided on August 16, 2023
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

M290558

AFA/

COLLEEN D. DUFFY, J.P.

ANGELA G. IANNACCI

WILLIAM G. FORD

BARRY E. WARHIT, JJ.

2023-00683

In the Matter of Lynn Ruggirello, appellant,

v Karolyn Curtis, respondent.

(Docket Nos. O-3515/22, O-3515-22/22A,

O-3515-22/22B)

DECISION & ORDER ON MOTION

Appeal by Lynn Ruggirello from an order of the Family Court, Orange County, dated December 14, 2022. By order to show cause dated April 14, 2023, 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 February 22, 2023, 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 February 22, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

DUFFY, J.P., IANNACCI, FORD and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court