Matter of Cimmino v Tucker
Motion No: 2006-01599
Slip Opinion No: 2006 NYSlipOp 68627(U)
Decided on May 11, 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

M39469

M/nal

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2006-01599

In the Matter of Robert Cimmino, appellant,

v Karen Tucker, et al., respondents.

(Docket Nos. V-02484-05, V-02485-05,

V-02487-05, V-02488-05)

DECISION & ORDER ON MOTION

Appeal by Robert Cimmino from an order of the Family Court, Westchester County, dated January 25, 2006. By order to show cause dated April 13, 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 March 10, 2006, 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 March 10, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

RITTER, J.P., KRAUSMAN, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court