Matter of Miller v Mitchell
Motion No: 2025-06081
Slip Opinion No: 2025 NY Slip Op 83213(U)
Decided on December 26, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M310312

ID/

CHERYL E. CHAMBERS, J.P.

HELEN VOUTSINAS

CARL J. LANDICINO

LAURENCE L. LOVE, JJ.

2025-06081, 2025-06085

In the Matter of Nikia Miller, respondent,

v Dwayne Mitchell, appellant.

(Docket Nos. V-12933-2022,

V-00933-2022/2023A)

DECISION & ORDER ON MOTION

Appeals by Dwayne Mitchell from two orders of the Family Court, Kings County, dated April 4, 2025, and April 2, 2025, respectively. By order to show cause dated September 29, 2025, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with a scheduling order dated June 2, 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 appeals is granted, and the appeals are dismissed, without costs or disbursements, for failure to comply with the scheduling order dated June 2, 2025, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

CHAMBERS, J.P., VOUTSINAS, LANDICINO and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court