| Matter of Tiburcio v Esposito |
| Motion No: 2023-05837 |
| Slip Opinion No: 2023 NY Slip Op 77268(U) |
| Decided on November 24, 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
M292508
AFA/
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LARA J. GENOVESI
LOURDES M. VENTURA, JJ.
|
2023-05837 In the Matter of Rosario Tiburcio, appellant, v Joseph A. Esposito, Sr., respondent. (Docket No. F-9026-2019/2022D)
| DECISION & ORDER ON MOTION |
Appeal by Rosario Tiburcio from an order of the Family Court, Nassau County, dated May 30, 2023. By order to show cause dated October 2, 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 July 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 July 12, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
DILLON, J.P., CHAMBERS, GENOVESI and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court