Opinion
Motion No. 2023-01665 Index No. F-6963-2021
06-14-2023
In the Matter of Melanie Torres, respondent, v. Kevin Patrick Fortune, appellant.
Unpublished Opinion
MOTION DECISION
M289514
MARK C. DILLON, J.P. JOSEPH J. MALTESE. BARRY E. WARHIT, LILLIAN WAN, JJ.DECISION & ORDER ON MOTION
Appeal by Kevin Patrick Fortune from an order of the Family Court, Nassau County, dated October 12, 2022. By order to show cause dated April 3, 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 February 24, 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 February 24, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
DILLON, J.P., MALTESE, WARHIT and WAN, JJ., concur.