Matter of Lysytsina v Elliott
Motion No: 2024-02544
Slip Opinion No: 2024 NY Slip Op 73552(U)
Decided on September 4, 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

M298919

ID/

MARK C. DILLON, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

LILLIAN WAN, JJ.

2024-02544

In the Matter of Olena Lysytsina, appellant,

v Dallas Elliott, respondent.

(Docket No. V-25585-2023)

DECISION & ORDER ON MOTION

Appeal by Olena Lysytsina from an order of the Family Court, Kings County, dated December 21, 2023. By order to show cause dated June 28, 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 April 26, 2024, 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 April 26, 2024, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

DILLON, J.P., MILLER, FORD and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court