Barrington v Barrington
Motion No: 2023-06011
Slip Opinion No: 2023 NY Slip Op 77226(U)
Decided on November 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M292532

SW/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

WILLIAM G. FORD, JJ.

2023-06011

Elise E. Barrington, respondent,

v Jeffrey J. Barrington Jr., appellant.

(Index No. 552421/2021)

DECISION & ORDER ON MOTION

Appeal by Jeffrey J. Barrington Jr. from an order of the Supreme Court, Kings County, dated April 11, 2023. By order to show cause dated October 2, 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]).

DUFFY, J.P., CHRISTOPHER, WOOTEN and FORD, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court