| Matter of Xinxin Zhu v Colmenares |
| Motion No: 2020-00549 |
| Slip Opinion No: 2020 NY Slip Op 70926(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. |
Appellate Division: Second Judicial Department
M272724
E/mb
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
LEONARD B. AUSTIN
LINDA CHRISTOPHER, JJ.
|
2020-00549
In the Matter of Xinxin Zhu, respondent, v James Colmenares, appellant. (Docket Nos. V-84-2017/2019B, V-07-2017/2019B)
| DECISION & ORDER ON MOTION |
Appeal by James Colmenares from an order of the Family Court, Westchester County, dated December 16, 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 proceedings for failure to comply with a scheduling order dated January 31, 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 January 31, 2020, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
SCHEINKMAN, P.J., MASTRO, AUSTIN and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court