Matter of Passarella v Gonzalez
Motion No: 2022-04079
Slip Opinion No: 2022 NY Slip Op 75140(U)
Decided on December 2, 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

M286247

AFA/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

LARA J. GENOVESI

BARRY E. WARHIT, JJ.

2022-04079

In the Matter of Erica Passarella, respondent,

v Samuel Gonzalez, Jr., appellant.

(Docket No. O-6262-2021)

DECISION & ORDER ON MOTION

Appeal by Samuel Gonzalez, Jr. from an order of the Family Court, Queens County, dated April 25, 2022. By order to show cause dated September 9, 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 a scheduling order dated June 10, 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 the papers 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 June 10, 2022, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

BRATHWAITE NELSON, J.P., WOOTEN, GENOVESI and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court