| Matter of Luciano v Duran |
| Motion No: 2025-00626 |
| Slip Opinion No: 2025 NY Slip Op 82301(U) |
| Decided on December 12, 2025 |
| 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. |
Appellate Division: Second Judicial Department
M309970
AFA/
LARA J. GENOVESI, J.P.
LILLIAN WAN
LOURDES M. VENTURA
SUSAN QUIRK, JJ.
|
2025-00626 In the Matter of Gilbert Luciano, appellant, v Melissa Fernandez Duran, respondent. (Docket No. F-17647-2004/2024W)
| DECISION & ORDER ON MOTION |
Appeal by Gilbert Luciano from an order of the Family Court, Queens County, dated May 21, 2024. By order to show cause dated September 26, 2025, 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 proceeding for failure to comply with a scheduling order dated April 28, 2025, 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 April 28, 2025, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
GENOVESI, J.P., WAN, VENTURA and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court