Opinion
Motion No. 2023-06777 Index No. 50211/2019
04-10-2024
Roxanna Castillo, respondent, v. Antonio Castillo, appellant.
Unpublished Opinion
MOTION DECISION
M295596
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, BARRY E. WARHIT, JANICE A. TAYLOR, JJ.DECISION & ORDER ON MOTION
Appeal by Antonio Castillo from a judgment of the Supreme Court, Kings County (IDV Part), dated May 2, 2023. By order to show cause dated February 16, 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 as to financial issues only in the above-entitled action for failure to comply with a scheduling order dated August 9, 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 as to financial issues only is granted, and the appeal is dismissed as to financial issues only, without costs or disbursements, for failure to comply with a scheduling order dated August 9, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
DILLON, J.P., CHAMBERS, WARHIT and TAYLOR, JJ., concur.