Appellate Division: Second Judicial Department

M293643

AFA/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2023-03131 In the Matter of Ilana Stroutsovsky, respondent, v Roman Brik, appellant. (Docket Nos. F-2655-2020/2020A, F-2655-2020/202 F-1333-2020/2021A, F-1333-2020/2021B, F-1333-2020/2021C, F-1333-2020/2021D)

DECISION & ORDER ON MOTION 1B,

Appeal by Roman Brik from an order of the Family Court, Richmond County, dated March 15, 2023. By order to show cause dated July 17, 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 April 7, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Motion by the respondent pro se for poor person relief and the assignment of counsel.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition 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 April 7, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]); and it is further,

ORDERED that the motion for poor person relief and the assignment of counsel is denied as academic.

DILLON, J.P., MALTESE, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court