Opinion
Motion No. 2023-06091 Index No. 801022/2022
11-22-2023
Grissell Portillo, respondent, v. Samuel Sorto, appellant.
Unpublished Opinion
MOTION DECISION
VALERIE BRATHWAITE NELSON, J.P. PAUL WOOTEN LILLIAN WAN LAURENCE L. LOVE, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Nassau County, dated April 6, 2023.
By order to show cause dated August 30, 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]).
BRATHWAITE NELSON, J.P., WOOTEN, WAN and LOVE, JJ., concur.