| Matter of Torres v Fortune |
| Motion No: 2023-01665 |
| Slip Opinion No: 2023 NY Slip Op 68663(U) |
| Decided on June 14, 2023 |
| 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
M289514
/SW
MARK C. DILLON, J.P.
JOSEPH J. MALTESE
BARRY E. WARHIT
LILLIAN WAN, JJ.
|
2023-01665 In the Matter of Melanie Torres, respondent, v Kevin Patrick Fortune, appellant. (Index No. F-6963-2021)
| DECISION & ORDER ON MOTION |
Appeal by Kevin Patrick Fortune from an order of the Family Court, Nassau County, dated October 12, 2022. By order to show cause dated April 3, 2023, 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 February 24, 2023, 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 February 24, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
DILLON, J.P., MALTESE, WARHIT and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court