Jelen v Jelen
Motion No: 2021-04412
Slip Opinion No: 2021 NY Slip Op 72344(U)
Decided on September 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

M279355

AFA/

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

FRANCESCA E. CONNOLLY

WILLIAM G. FORD, JJ.

2021-04412

Susan Jelen, respondent,

v Sean Jelen, appellant.

(Index No. 710076/2021)

DECISION & ORDER ON MOTION

Appeal by Sean Jelen from an order of the Supreme Court, Queens County, dated June 14, 2021. By order to show cause dated August 6, 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 action for failure to comply with a scheduling order dated June 25, 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 June 25, 2021, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

RIVERA, J.P., AUSTIN, CONNOLLY and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court