Matter of King v Marcano
Motion No: 2023-10321
Slip Opinion No: 2024 NY Slip Op 65369(U)
Decided on April 5, 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

M295492

ID/

VALERIE BRATHWAITE NELSON, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

HELEN VOUTSINAS, JJ.

2023-10321

In the Matter of Kourtney King, respondent,

v Justin L. Marcano, appellant.

(Docket Nos. V-8605-2019/2022M,

V-8606-2019/2022M, V-8605-2019/2023O,

V-8606-2019/2023O)

DECISION & ORDER ON MOTION

Appeal by Justin L. Marcano from an order of the Family Court, Suffolk County, dated October 11, 2023. By order to show cause dated January 24, 2024, 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 November 27, 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 November 27, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

BRATHWAITE NELSON, J.P., MILLER, FORD and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court