| Matter of Vilato v Carmoega |
| Motion No: 2023-00682 |
| Slip Opinion No: 2023 NY Slip Op 73594(U) |
| Decided on September 20, 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. |
Appellate Division: Second Judicial Department
M291157
AFA
FRANCESCA E. CONNOLLY, J.P.
JOSEPH J. MALTESE
DEBORAH A. DOWLING
CARL J. LANDICINO, JJ.
|
2023-00682 In the Matter of Robert N. Vilato, et al., respondents, v Nicole Carmoega, appellant. (Docket Nos. V-6490-2021, V-6491-2021)
| DECISION & ORDER ON MOTION |
Appeal by Nicole Carmoega from an order of the Family Court, Westchester County, dated January 12, 2023. By order to show cause dated July 17, 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 proceeding for failure to comply with a scheduling order dated May 12, 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 May 12, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
CONNOLLY, J.P., MALTESE, DOWLING and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court