Opinion
Motion No. 2023-09220 Docket No. O-7019-2023
02-09-2024
In the Matter of Gina Michelle Scali, appellant, v. John Anthony Vitolo, respondent.
Unpublished Opinion
MOTION DECISION
M294099
VALERIE BRATHWAITE NELSON, J.P., PAUL WOOTEN, WILLIAM G. FORD, JANICE A. TAYLOR, JJ.
DECISION & ORDER ON MOTION
Appeal by Gina Michelle Scali from an order of the Family Court, Nassau County, dated September 1, 2023. By order to show cause dated December 11, 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 proceeding for failure to comply with a scheduling order dated October 20, 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 October 20, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
BRATHWAITE NELSON, J.P., WOOTEN, FORD and TAYLOR, JJ., concur.