Matter of Gross v Rizo
Motion No: 2023-05414
Slip Opinion No: 2024 NY Slip Op 69223(U)
Decided on June 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M296970

AFA/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

LILLIAN WAN

CARL J. LANDICINO, JJ.

2023-05414

In the Matter of Jerie S. Gross, appellant,

v Eric R. Rizo, respondent.

(Docket No. F-1485-2022)

DECISION & ORDER ON MOTION

Appeal by Jerie S. Gross from an order of the Family Court, Nassau County, dated May 11, 2023. By order to show cause dated March 25, 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 13, 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 13, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

IANNACCI, J.P., WOOTEN, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court