Matter of O'Neil v O'Neil
Motion No: 2024-02717
Slip Opinion No: 2024 NY Slip Op 73839(U)
Decided on September 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

M299058

ID/

ROBERT J. MILLER, J.P.

PAUL WOOTEN

DEBORAH A. DOWLING

JANICE A. TAYLOR, JJ.

2024-02717

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-3229-2020, V-4062-2020/2020A,

V-5681-2020, V-4062-2020/2021B, V-5681-2020/20

F-3779-2020/2020A, F-3779-2020/2020B)

DECISION & ORDER ON MOTION










21A,

Appeal by Kevin O'Neil from an order of the Family Court, Nassau County, dated February 28, 2024. By order to show cause dated June 28, 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 April 26, 2024, 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 opposition or in relation 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 April 26, 2024, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court