Opinion
No. 2020-00192 Index No. 542/2017
01-10-2022
Paul D. Lewis, respondent, v. Michelle L. Lewis, appellant.
MARK C. DILLON, J.P. ROBERT J. MILLER LARA J. GENOVESI DEBORAH A. DOWLING, JJ.
DECISION & ORDER ON MOTION
Appeal from a decision and order (one paper) of the Supreme Court, Suffolk County, dated October 10, 2019. By decision and order on motion of this Court dated September 1, 2020, the appeal with respect to issues other than custody and visitation was dismissed for failure to comply with the scheduling order dated March 24, 2020, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). By order to show cause dated October 25, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal with respect to issues involving custody and visitation in the above-entitled action on the ground that no appeal lies from a decision.
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 in its entirety, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 A.D.2d 509; see also U.S. Bank N.A. v Calle, 181 A.D.3d 938).
DILLON, J.P, MILLER, GENOVESI and DOWLING, JJ, concur