Paccione v Paccione
Motion No: 2024-07494
Slip Opinion No: 2024 NY Slip Op 79255(U)
Decided on November 29, 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

M301051

AFA/

FRANCESCA E. CONNOLLY, J.P.

WILLIAM G. FORD

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2024-07494

Keith Paccione, respondent,

v Ellen Paccione, appellant.

(Index No. 54990/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated March 28, 2024.

By order to show cause dated September 30, 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 action for failure to comply with a scheduling order dated August 16, 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 August 16, 2024, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

CONNOLLY, J.P., FORD, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court