Matter of Solomon v Fishman
Motion No: 2019-05911
Slip Opinion No: 2019 NY Slip Op 84760(U)
Decided on November 25, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M267669

E/mb

MARK C. DILLON, J.P.

SHERI S. ROMAN

HECTOR D. LASALLE

PAUL WOOTEN, JJ.

2019-05911

In the Matter of Jennifer S. Solomon,

respondent, v Marc H. Fishman, appellant.

(Index No. F-14064-12/16F)

DECISION & ORDER ON MOTION

Appeal by Marc H. Fishman from an order of the Supreme Court, Westchester County (IDV Part), dated May 14, 2019. By order to show cause dated October 11, 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 August 16, 2019, 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 August 16, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

DILLON, J.P., ROMAN, LASALLE and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court