Matter of Smith v Limage-Brown
Motion No: 2024-05206
Slip Opinion No: 2024 NY Slip Op 77062(U)
Decided on October 23, 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

M300214

ID/

FRANCESCA E. CONNOLLY, J.P.

LARA J. GENOVESI

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2024-05206

In the Matter of Dennis J. Smith, appellant,

v Shirley Limage-Brown, respondent.

(Docket No. U-23221-2015/2022B)

DECISION & ORDER ON MOTION

Appeal by Dennis J. Smith from an order of the Family Court, Queens County, dated August 24, 2023. By order to show cause dated September 4, 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 July 3, 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 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 July 3, 2024, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

CONNOLLY, J.P., GENOVESI, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court