| Matter of Fishman v Solomon |
| Motion No: 2022-01743 |
| Slip Opinion No: 2022 NY Slip Op 71915(U) |
| Decided on September 16, 2022 |
| 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
M284939
MB/
VALERIE BRATHWAITE NELSON, J.P.
CHERYL E. CHAMBERS
PAUL WOOTEN
WILLIAM G. FORD, JJ.
|
2022-01743 In the Matter of Marc Fishman, petitioner-appellant, v Jennifer Solomon, respondent-respondent. (Index No. F-14064-2012)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County (IDV Part), dated February 16, 2022. By order to show cause dated June 29, 2022, 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 May 16, 2022, 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 16, 2022, issued pursuant to § 670.3 (b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
BRATHWAITE NELSON, J.P., CHAMBERS, WOOTEN and FORD, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court