Matter of Ramirez v Rojas
Motion No: 2021-03080
Slip Opinion No: 2021 NY Slip Op 72349(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

M279371

AFA/

HECTOR D. LASALLE, P.J.

REINALDO E. RIVERA

COLLEEN D. DUFFY

WILLIAM G. FORD, JJ.

2021-03080

In the Matter of Kimberly Ramirez, respondent,

v Diego Alejandro Rojas, appellant.

(Docket Nos. V-06685-2020, V-06894-2020)

DECISION & ORDER ON MOTION

Appeal by Diego Alejandro Rojas from an order of the Family Court, Queens County, dated March 26, 2021. By order to show cause dated July 28, 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 proceedings for failure to comply with a scheduling order dated May 24, 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 May 24, 2021, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

LASALLE, P.J., RIVERA, DUFFY and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court