Matter of Depool v Frias
Motion No: 2022-01390
Slip Opinion No: 2022 NY Slip Op 72179(U)
Decided on September 23, 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

M285069

AFA/

FRANCESCA E. CONNOLLY, J.P.

REINALDO E. RIVERA

JOSEPH A. ZAYAS

WILLIAM G. FORD, JJ.

2022-01390

In the Matter of Joanie Depool, respondent,

v Juan Carlos Frias, appellant.

(Docket Nos. F-5139-2020/2020A,

F-5139-2020/2020B, F-5139-2020/2020C)

DECISION & ORDER ON MOTION

Appeal by Juan Carlos Frias from an order of the Family Court, Westchester County, dated February 10, 2022. By order to show cause dated May 2, 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 proceedings for failure to comply with the scheduling order dated March 7, 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 March 7, 2022, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

CONNOLLY, J.P., RIVERA, ZAYAS and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court