Matter of Seoane v Nunez
Motion No: 2019-03782
Slip Opinion No: 2020 NY Slip Op 66030(U)
Decided on May 8, 2020
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

M270751

kbp/

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2019-03782

In the Matter of Fernando Seoane, petitioner-

respondent, v Martha Nunez, et al.,

appellants, et al., respondent.

(Docket Nos. V-13206-15, V-19966-11/14A,

V-19966-11/14B, V-19966-11/14C, V-29341-08/14A

DECISION & ORDER ON MOTION






)

Appeal by Martha Nunez, and separate appeal by Juan Nunez, from an order of the Family Court, Kings County, dated March 25, 2019. By order to show cause dated February 3, 2020, the appellant Juan Nunez was directed to show cause before this Court why an order should or should not be made and entered dismissing his appeal in the above-entitled proceedings for failure to comply with a scheduling order dated December 19, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Separate motion by the appellant Martha Nunez to extend the time to serve and file a brief.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by the appellant Martha Nunez and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal by Juan Nunez is granted, and the appeal by Juan Nunez is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated December 19, 2019, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]); and it is further,

ORDERED that the motion by the appellant Martha Nunez to extend the time to serve and file a brief is granted, the appellant Martha Nunez's time to serve and file a brief is extended, and on or before June 8, 2020, the appellant Martha Nunez shall serve her brief and upload a digital copy of her brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of her brief in accordance with any applicable administrative order or other order to be issued by the Court.

BALKIN, J.P., ROMAN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court