Matter of Ying Gu v Eisenberg
Motion No: 2019-11002
Slip Opinion No: 2020 NY Slip Op 70927(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

M272715

E/mb

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

LEONARD B. AUSTIN

LINDA CHRISTOPHER, JJ.

2019-11002

In the Matter of Ying Gu, respondent,

v Gary Eisenberg, appellant.

(Docket No. F-23630-2016/2018D)

DECISION & ORDER ON MOTION

Appeal by Gary Eisenberg from an order of the Family Court, Queens County, dated September 6, 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 January 6, 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 6, 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