Scheer v Scheer
Motion No: 2023-05424
Slip Opinion No: 2024 NY Slip Op 63019(U)
Decided on February 23, 2024
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

M294383

AFA/

ROBERT J. MILLER, J.P.

LARA J. GENOVESI

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2023-05424

Michael Scheer, respondent,

v Christina Scheer, appellant.

(Index No. 51048/2017)

DECISION & ORDER ON MOTION

Appeal by Christina Scheer from an order of the Supreme Court, Richmond County, dated May 25, 2023. By order to show cause dated August 25, 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 July 5, 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 5, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

MILLER, J.P., GENOVESI, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court