Matter of Brownstein v Suarez
Motion No: 2023-11997
Slip Opinion No: 2024 NY Slip Op 65614(U)
Decided on April 10, 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

M295618

AFA

ANGELA G. IANNACCI, J.P.

JOSEPH J. MALTESE

WILLIAM G. FORD

CARL J. LANDICINO, JJ.

2023-11997

In the Matter of Joseph Brownstein, appellant,

v Destenie Suarez, respondent.

(Docket Nos. V-2505-2020/2023A,

O-555-2023)

DECISION & ORDER ON MOTION

Appeal by Joseph Brownstein from an order of the Family Court, Orange County, dated November 13, 2023. By order to show cause dated February 14, 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 December 22, 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 December 22, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

IANNACCI, J.P., MALTESE, FORD and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court