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Tiburcio v. Esposito

Supreme Court of New York, Second Department
Nov 24, 2023
2023 N.Y. Slip Op. 77268 (N.Y. App. Div. 2023)

Opinion

Motion No 2023-05837 Docket No. F-9026-2019/2022D

11-24-2023

In the Matter of Rosario Tiburcio, appellant, v. Joseph A. Esposito, Sr., respondent.


Unpublished Opinion

MOTION DECISION

M292508

AFA/

MARK C. DILLON, J.P., CHERYL E. CHAMBERS, LARA J. GENOVESI, LOURDES M. VENTURA, JJ.

DECISION & ORDER ON MOTION

Appeal by Rosario Tiburcio from an order of the Family Court, Nassau County, dated May 30, 2023. By order to show cause dated October 2, 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 July 12, 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 July 12, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

DILLON, J.P., CHAMBERS, GENOVESI and VENTURA, JJ., concur.


Summaries of

Tiburcio v. Esposito

Supreme Court of New York, Second Department
Nov 24, 2023
2023 N.Y. Slip Op. 77268 (N.Y. App. Div. 2023)
Case details for

Tiburcio v. Esposito

Case Details

Full title:In the Matter of Rosario Tiburcio, appellant, v. Joseph A. Esposito, Sr.…

Court:Supreme Court of New York, Second Department

Date published: Nov 24, 2023

Citations

2023 N.Y. Slip Op. 77268 (N.Y. App. Div. 2023)