Matter of B. (Anonymous) v E. (Anonymous)
Motion No: 2005-10418
Slip Opinion No: 2006 NYSlipOp 62768(U)
Decided on February 7, 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

M35854

M/nal

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-10418

In the Matter of Damaris B. (Anonymous), respondent,

v Edilberto E. (Anonymous), appellant.

(Docket No. P-05417/05)

DECISION & ORDER ON MOTION

Appeal by Edilberto E. from an order of the Family Court, Kings County, dated September 26, 2005. By order to show cause dated January 3, 2006, 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 November 15, 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 November 15, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

SCHMIDT, J.P., SANTUCCI, RIVERA and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court