| Matter of Fuller v Schlanger |
| Motion No: 2023-09338 |
| Slip Opinion No: 2024 NY Slip Op 65617(U) |
| Decided on April 10, 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. |
Appellate Division: Second Judicial Department
M295616
AFA/
ANGELA G. IANNACCI, J.P.
JOSEPH J. MALTESE
WILLIAM G. FORD
CARL J. LANDICINO, JJ.
|
2023-09338 In the Matter of Darlene Elaine Fuller, respondent, v Michael Thomas Schlanger, appellant. (Docket No. O-2626-2023)
| DECISION & ORDER ON MOTION |
Appeal by Michael Thomas Schlanger from an order of the Family Court, Dutchess County, dated August 22, 2023. By order to show cause dated February 16, 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 proceeding for failure to comply with a scheduling order dated October 23, 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 October 23, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
IANNACCI, J.P., MALTESE, FORD and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court