Opinion
Motion No. 2023-06011 Index No. 552421/2021
11-24-2023
Elise E. Barrington, respondent, v. Jeffrey J. Barrington Jr., appellant.
Unpublished Opinion
MOTION DECISION
COLLEEN D. DUFFY, J.P., LINDA CHRISTOPHER, PAUL WOOTEN, WILLIAM G. FORD, JJ.
DECISION & ORDER ON MOTION
Appeal by Jeffrey J. Barrington Jr. from an order of the Supreme Court, Kings County, dated April 11, 2023. By order to show cause dated October 2, 2023, 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 19, 2023, 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 19, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
DUFFY, J.P., CHRISTOPHER, WOOTEN and FORD, JJ., concur.