| Matter of Pena v Diaz |
| Motion No: 2018-13249 |
| Slip Opinion No: 2019 NY Slip Op 69014(U) |
| Decided on April 26, 2019 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M262269
E/afa
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
|
2018-13249 In the Matter of Alexandra Pena, appellant, v Guillermo Diaz, respondent. (Docket No. F-5027-96/18E)
| DECISION & ORDER ON MOTION |
Appeal by Alexandra Pena from an order of the Family Court, Queens County, dated September 12, 2018. By order to show cause dated March 22, 2019, 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 November 21, 2018, 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 21, 2018, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court