Appellate Division: Second Judicial Department

M39466

M/nal

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2005-10862 In the Matter of Rosalba Morales, respondent, v Cesar O. Henao, appellant. (Docket No. O-12508-05)

DECISION & ORDER ON MOTION

Appeal by Cesar O. Henao from an order of the Family Court, Queens County, dated October 20, 2005. The transcripts were received by the appellant on or about February 2, 2006, and pursuant to the scheduling order of this court dated December 2, 2005, the appeal in the above-entitled proceeding was to be perfected within 60 days of the date of the receipt of the transcripts. The appeal has not been perfected. 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 December 2, 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 December 2, 2005, 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