Matter of Hugo v Benevides
Motion No: 2023-09217
Slip Opinion No: 2024 NY Slip Op 62087(U)
Decided on February 9, 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

M294108

AFA/

MARK C. DILLON, J.P.

BETSY BARROS

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2023-09217

In the Matter of Michael Hugo, appellant,

v Mery Benevides, respondent.

(Docket No. F-6073-2022/2023A)

DECISION & ORDER ON MOTION

Appeal by Michael Hugo from an order of the Family Court, Suffolk County, dated September 7, 2023. By order to show cause dated December 11, 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 October 20, 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 October 20, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

DILLON, J.P., BARROS, DOWLING and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court