Piliere v Nocilla
Motion No: 2005-08352
Slip Opinion No: 2006 NYSlipOp 60960(U)
Decided on January 23, 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 is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35064

M/nal

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM A. MASTRO

STEVEN W. FISHER, JJ.

2005-08352

Salvatore Piliere, appellant,

v Deborah Nocilla, respondent.

(Index No. 09483/04)

DECISION & ORDER ON MOTION

Appeal by Salvatore Piliere from an order of the Supreme Court, Suffolk County, dated August 10, 2005. By order to show cause dated December 21, 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 action for failure to comply with a scheduling order dated September 23, 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 September 23, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

PRUDENTI, P.J., KRAUSMAN, MASTRO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court