| Matter of Diaz v Diaz |
| Motion No: 2021-05300 |
| Slip Opinion No: 2021 NY Slip Op 73309(U) |
| Decided on October 18, 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. |
Appellate Division: Second Judicial Department
M279668
AFA/
SYLVIA O. HINDS-RADIX, J.P.
ROBERT J. MILLER
BETSY BARROS
LINDA CHRISTOPHER, JJ.
|
2021-05300 In the Matter of Saul Diaz III, appellant, v Alexi Diaz, respondent. (Docket No. V-209/210-2019/2021B)
| DECISION & ORDER ON MOTION |
Appeal by Saul Diaz III from an order of the Family Court, Orange County, dated June 9, 2021. By order to show cause dated September 10, 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 July 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 July 30, 2021, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
HINDS-RADIX, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court