Matter of Bennett v Madison
Motion No: 2021-02854
Slip Opinion No: 2021 NY Slip Op 69517(U)
Decided on July 28, 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

M278389

AFA/

COLLEEN D. DUFFY, J.P.

ANGELA G. IANNACCI

LINDA CHRISTOPHER

WILLIAM G. FORD, JJ.

2021-02854

In the Matter of Tymeka C. M. Bennett,

respondent, v Gary Fuguan Madison,

appellant.

(Docket No. U-04649-2016)

DECISION & ORDER ON MOTION

Appeal by Gary Fuguan Madison from an order of the Family Court, Kings County, dated March 20, 2020. By order to show cause dated June 9, 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 April 30, 2021, 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 April 30, 2021, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

DUFFY, J.P., IANNACCI, CHRISTOPHER and FORD, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court