Matter of McGee v Hochhauser |
Motion No: 2023-02112 |
Slip Opinion No: 2025 NY Slip Op 64023(U) |
Decided on March 5, 2025 |
Appellate Division, Second Department, Motion Decision |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M303316
AFA/
COLLEEN D. DUFFY, J.P.
VALERIE BRATHWAITE NELSON
BARRY E. WARHIT
JANICE A. TAYLOR, JJ.
2023-02112, 2023-02114 In the Matter of Timothy P. McGee, appellant, v Alissa L. Hochhauser, respondent. (Docket Nos. V-5932-2022/2022A, V-5933-2022/2022A)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Family Court, Nassau County, dated February 8, 2023, and February 6, 2023, respectively. Renewed motion by the respondent to dismiss the appeals for failure to perfect. By order to show cause of this Court dated January 17, 2025, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated January 3, 2024, 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, and upon the papers filed in support of the motion by the respondent and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion by this Court to dismiss the appeals is granted, and the appeals are dismissed, without costs of disbursements, for failure to comply with the scheduling order dated January 3, 2024, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]); and it is further,
ORDERED that the motion by the respondent is dismissed for failure to pay the motion filing fee (see CPLR 8022[b]).
DUFFY, J.P., BRATHWAITE NELSON, WARHIT and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court