Matter of Alvarez v Koehler
Motion No: 2020-00731
Slip Opinion No: 2020 NY Slip Op 70914(U)
Decided on September 1, 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

M272725

E/afa

ALAN D. SCHEINKMAN, P.J.

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2020-00731

In the Matter of Andrew Alvarez, appellant,

v Kathleen Koehler, respondent.

(Docket No. V-15150-2018/2018B)

DECISION & ORDER ON MOTION

Appeal by Andrew Alvarez from an order of the Family Court, Suffolk County, dated December 9, 2019. By order to show cause dated July 14, 2020, 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 May 26, 2020, 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 May 26, 2020, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

SCHEINKMAN, P.J., HINDS-RADIX, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court