Matter of Sealey v Wallace
Motion No: 2020-07913
Slip Opinion No: 2021 NY Slip Op 63859(U)
Decided on March 29, 2021
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

M276349

AFA/

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

PAUL WOOTEN, JJ.

2020-07913

In the Matter of Yolanda M. Sealey, respondent,

v Eugene Wallace, Jr., appellant.

(Docket No. U-07451-2018/2019A)

DECISION & ORDER ON MOTION

Appeal by Eugene Wallace, Jr., from an order of the Family Court, Suffolk County, dated October 5, 2020. By order to show cause dated January 11, 2021, 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 November 25, 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 the papers 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 November 25, 2020, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

DILLON, J.P., HINDS-RADIX, DUFFY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court