Matter of Roberts v Vertucci
Motion No: 2023-05327
Slip Opinion No: 2024 NY Slip Op 65117(U)
Decided on April 1, 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

M295359

AFA/

BETSY BARROS, J.P.

ANGELA G. IANNACCI

PAUL WOOTEN

HELEN VOUTSINAS, JJ.

2023-05327

In the Matter of Mary Roberts, appellant,

v Anthony Vertucci, respondent.

(Docket Nos. V-14331-2017/2020E,

V-14331-2017/2020F, V-14331-2017/2020G,

V-14331-2017/2021H)

DECISION & ORDER ON MOTION

Appeal by Mary Roberts from an order of the Family Court, Suffolk County, dated May 19, 2023. By order to show cause dated January 17, 2024, 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 December 4, 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 December 4, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

BARROS, J.P., IANNACCI, WOOTEN and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court