Appellate Division: Second Judicial Department

M38983

J/nal

ANITA R. FLORIO, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

STEVEN W. FISHER, JJ.

2006-01775 In the Matter of Frank E. Healey, Jr., appellant, v Karen L. Dwyer, respondent. (Docket No. V-02034-03)

DECISION & ORDER ON MOTION

Appeal by Frank E. Healy, Jr., from an order of the Family Court, Dutchess County, dated December 9, 2005. By order to show cause dated May 1, 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 15, 2006, issued pursuant to 22 NYCRR 670.4(a)(2). Motion by the attorney for the respondent to be relieved of an assignment to represent the respondent on the appeal. Motion by the Law Guardian to be relieved and for the assignment of a new Law Guardian.

Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, and upon the papers filed in support of the motions by the respondent and the Law Guardian, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated March 15, 2006, issued pursuant to 22 NYCRR 670.4(a)(2); and it is further,

ORDERED that the motions by the attorney for the respondent and the Law Guardian are denied as academic.

FLORIO, J.P., CRANE, RITTER, and FISHER, JJ., concur.

ENTER:

James Edward Pelzer Clerk of the Court