Matter of S. (Anonymous), Nathanael; Dutchess County Department of Com
Motion No: 2023-01354
Slip Opinion No: 2023 NY Slip Op 72354(U)
Decided on August 25, 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

M290715

AFA/

FRANCESCA E. CONNOLLY, J.P.

DEBORAH A. DOWLING

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2023-01354

In the Matter of Nathanael S. (Anonymous).

Dutchess County Department of Community and

Family Services, petitioner-respondent;

Tianna S. (Anonymous), et al., respondents-appellant

(Docket Nos. N-2259-2017, N-2260-2017)

DECISION & ORDER ON MOTION




s.

Appeal by Tianna S. and Matthew S. from an order of the Family Court, Dutchess County, dated December 12, 2022. By order to show cause dated June 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 April 26, 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 April 26, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

CONNOLLY, J.P., DOWLING, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court