Appellate Division: Second Judicial Department

M35947

S/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO, JJ.

2005-01485 In the Matter of Flor Elena Rospigliosi, appellant, v Luis Abbate, respondent. (Docket No. F-06133/02)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated May 3, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal by Flor Elena Rospigliosi from an order of the Family Court, Queens County, dated January 6, 2005. By order to show cause dated March 29, 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 February 22, 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, as this appeal is a duplicate of an appeal pending under Appellate Division Docket No. 2005-09062; and it is further,

 ORDERED that the order to show cause is denied as academic.

H. MILLER, J.P., RITTER, GOLDSTEIN and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court