Matter of Cruz v Cruz
Motion No: 2005-06319
Slip Opinion No: 2006 NYSlipOp 60284(U)
Decided on January 5, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and subject to revision before publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34379

M/nal

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-06319

In the Matter of Antonio Cruz, appellant,

v Manuela Cruz, respondent.

(Docket No. F-3163-02)

DECISION & ORDER ON MOTION

Appeal by Antonio Cruz from an order of the Family Court, Queens County, dated May 27, 2005. By order to show cause dated December 8, 2005, the parties or their attorneys were directed to show cause 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 October 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated October 27, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court