Lipschutz v Lipschutz
Motion No: 2006-01394
Slip Opinion No: 2006 NYSlipOp 68998(U)
Decided on May 19, 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

M39729

M/nal

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2006-01394

Madeleine Lipschutz, respondent,

v Larry Lipschutz, appellant.

(Index No. 6435/05)

DECISION & ORDER ON MOTION

Appeal by Larry Lipschutz from an order of the Supreme Court, Rockland County, dated January 6, 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).

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

ENTER:

James Edward Pelzer

Clerk of the Court