Matter of Rivas v Rodriguez
Motion No: 2023-07650
Slip Opinion No: 2024 NY Slip Op 60744(U)
Decided on January 17, 2024
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

M293589

AFA/

COLLEEN D. DUFFY, J.P.

WILLIAM G. FORD

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2023-07650

In the Matter of Maria Garcia Rivas, respondent,

v Walter Rodriguez, appellant.

(Docket Nos. V-17761-2022, V-17762-2022,

V-6531-2021, V-6532-2021)

DECISION & ORDER ON MOTION

Appeal by Walter Rodriguez from an order of the Family Court, Suffolk County, dated August 2, 2023. By order to show cause dated November 6, 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 proceedings for failure to comply with a scheduling order dated August 30, 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 August 30, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

DUFFY, J.P., FORD, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court