| Matter of O'Neil v O'Neil |
| Motion No: 2023-05441 |
| Slip Opinion No: 2024 NY Slip Op 61269(U) |
| Decided on January 26, 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. |
Appellate Division: Second Judicial Department
M293767
AFA/
VALERIE BRATHWAITE NELSON, J.P.
DEBORAH A. DOWLING
HELEN VOUTSINAS
LAURENCE L. LOVE, JJ.
|
2023-05441 In the Matter of Kevin O'Neil, appellant, v Alice Fabio O'Neil, respondent. (Proceeding No. 1) In the Matter of Alice Fabio O'Neil, respondent, v Kevin O'Neil, appellant. (Proceeding No. 2) (Docket Nos. O-3229-20, V-4062-20/20A, V-5681-2 V-4062-20/21B, V-5681-2021A, F-3779-20/20A, F-3779-20/20B)
| DECISION & ORDER ON MOTION 0, |
Appeal by Kevin O'Neil from an order of the Family Court, Nassau County, dated May 22, 2023. By order to show cause dated November 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 July 5, 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 5, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
BRATHWAITE NELSON, J.P., DOWLING, VOUTSINAS and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court