Matter of Carpio v Barbara
Motion No: 2024-00699
Slip Opinion No: 2024 NY Slip Op 73954(U)
Decided on September 11, 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

M299101

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

LINDA CHRISTOPHER

LAURENCE L. LOVE, JJ.

2024-00699

In the Matter of Desiree Carpio, appellant,

v Matthew Barbara, respondent.

(Docket Nos. V-2026-19/2022E,

V-2026-19/2022F, V-527-20/2022C)

DECISION & ORDER ON MOTION

Appeal by Desiree Carpio from an order of the Family Court, Rockland County, dated December 21, 2023. By order to show cause dated April 15, 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 February 14, 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 February 14, 2024, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

BRATHWAITE NELSON, J.P., MALTESE, CHRISTOPHER and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court