Matter of Boone v Newby
Motion No: 2023-04239
Slip Opinion No: 2024 NY Slip Op 61154(U)
Decided on January 24, 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

M293744

AFA/

MARK C. DILLON, J.P.

ANGELA G. IANNACCI

LILLIAN WAN

JANICE A. TAYLOR, JJ.

2023-04239

In the Matter of Ikica T. Boone, respondent,

v Kareem Newby, appellant.

(Docket No. F-7377-2015/2022X)

DECISION & ORDER ON MOTION

Appeal by Kareem Newby from an order of the Family Court, Westchester County, dated February 28, 2023. By order to show cause dated July 7, 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 May 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 May 24, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

DILLON, J.P., IANNACCI, WAN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court