O'Connor v O'Connor
Motion No: 2005-02543
Slip Opinion No: 2006 NYSlipOp 65784(U)
Decided on March 31, 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

M37917

C/sl

ROBERT W. SCHMIDT, J.P.

DANIEL F. LUCIANO

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2005-02543

Tobie O'Connor, respondent-appellant,

v Mark S. O'Connor, appellant-respondent.

(Index No. 01-204389)

DECISION & ORDER ON MOTION

Appeal and cross appeal from a judgment of the Supreme Court, Nassau County, dated January 25, 2005. By decision and order on motion of this court dated February 10, 2006, inter alia, the appellant-respondent was directed to show cause before this court why an order should or should not be made and entered dismissing his appeal on the ground that he has abandoned the appeal.

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

ORDERED that the motion is granted and the appeal is dismissed.

SCHMIDT, J.P., LUCIANO, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court