| Portillo v Sorto |
| Motion No: 2023-06091 |
| Slip Opinion No: 2023 NY Slip Op 77160(U) |
| Decided on November 22, 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
M292425
AFA/
VALERIE BRATHWAITE NELSON, J.P.
PAUL WOOTEN
LILLIAN WAN
LAURENCE L. LOVE, JJ.
|
2023-06091 Grissell Portillo, respondent, v Samuel Sorto, appellant. (Index No. 801022/2022)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated April 6, 2023.
By order to show cause dated August 30, 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 July 19, 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 July 19, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
BRATHWAITE NELSON, J.P., WOOTEN, WAN and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court