Matter of Solomon v Fishman
Motion No: 2022-02123
Slip Opinion No: 2022 NY Slip Op 71924(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M284940

MB/

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

PAUL WOOTEN

WILLIAM G. FORD, JJ.

2022-02123

In the Matter of Jennifer Solomon, petitioner-respond

v Marc Fishman, respondent-appellant.

(Index No. F-14064-2012)

DECISION & ORDER ON MOTION

ent,

Appeal from an order of the Supreme Court, Westchester County (IDV Part), dated March 23, 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 18, 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 18, 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