Van Dyke v Van Dyke
Motion No: 2024-06153
Slip Opinion No: 2024 NY Slip Op 77861(U)
Decided on November 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

M300510

ID/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

PHILLIP HOM, JJ.

2024-06153

Valerie Van Dyke, appellant,

v John Van Dyke, respondent.

(Index No. 201490/2016)

DECISION & ORDER ON MOTION

Appeal by Valerie Van Dyke from an order of the Supreme Court, Nassau County, dated February 14, 2024. By order to show cause dated September 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 July 29, 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 July 29, 2024, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

DUFFY, J.P., WOOTEN, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court