Opinion
Motion No 2022-01095 Docket No. O-977-2021
02-10-2023
Unpublished Opinion
MOTION DECISION
M287322
BETSY BARROS, J.P. JOSEPH J. MALTESE JOSEPH A. ZAYAS DEBORAH A. DOWLING, JJ.
DECISION & ORDER ON MOTION
Appeal by Emilio Locascio from an order of the Family Court, Dutchess County, dated January 12, 2022. By order to show cause dated December 28, 2022, 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 October 31, 2022, 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 the 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 October 31, 2022, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
BARROS, J.P., MALTESE, ZAYAS and DOWLING, JJ., concur.