Opinion
2021-73309 Motion 2021-05300
10-18-2021
In the Matter of Saul Diaz III, appellant, v. Alexi Diaz, respondent. Docket No. V-209/210-2019/2021B
Unpublished Opinion
MOTION DECISION
SYLVIA O. HINDS-RADIX, J.P., ROBERT J. MILLER, BETSY BARROS, LINDA CHRISTOPHER, JJ.
DECISION & ORDER ON MOTION
Appeal by Saul Diaz III from an order of the Family Court, Orange County, dated June 9, 2021. By order to show cause dated September 10, 2021, 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 July 30, 2021, 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 30, 2021, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
HINDS-RADIX, J.P., MILLER, BARROS and CHRISTOPHER, JJ., concur.