Appellate Division: Second Judicial Department

M295596

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2023-06777 Roxanna Castillo, respondent, v Antonio Castillo, appellant. (Index No. 50211/2019)

DECISION & ORDER ON MOTION

Appeal by Antonio Castillo from a judgment of the Supreme Court, Kings County (IDV Part), dated May 2, 2023. By order to show cause dated February 16, 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 as to financial issues only in the above-entitled action for failure to comply with a scheduling order dated August 9, 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 as to financial issues only is granted, and the appeal is dismissed as to financial issues only, without costs or disbursements, for failure to comply with a scheduling order dated August 9, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

DILLON, J.P., CHAMBERS, WARHIT and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court