Matter of Washington v Spivey
2026 NY Slip Op 66175(U)
April 13, 2026
Appellate Division, Second Department
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.
In the Matter of Michael Washington, appellant,
v
Debra Spivey, respondent.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
April 13, 2026
2025-08331, O-9610-2023
Betsy Barros, J.P.
Francesca E. Connolly
Donna-Marie E. Golia
Lisa S. Ottley, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from an order of the Family Court, Queens County, dated June 3, 2025. By order to show cause dated January 26, 2026, 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 August 1, 2025, 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 August 1, 2025, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
BARROS, J.P., CONNOLLY, GOLIA and OTTLEY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court