Opinion
Motion No. 2023-10019 Docket No. F-7550-2021/2023C
04-05-2024
In the Matter of Vanessa Panebianco, respondent, v. Dwayne Gustas, appellant.
Unpublished Opinion
MOTION DECISION
M295487
VALERIE BRATHWAITE NELSON, J.P., ROBERT J. MILLER, WILLIAM G. FORD, HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
Appeal by Dwayne Gustas from an order of the Family Court, Westchester County, dated October 16, 2023. By order to show cause dated December 22, 2023, 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 November 3, 2023, 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 November 3, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
BRATHWAITE NELSON, J.P., MILLER, FORD and VOUTSINAS, JJ., concur.