| Matter of Rudolph v Smith |
| Motion No: 2006-00481 |
| Slip Opinion No: 2006 NYSlipOp 69615(U) |
| Decided on May 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. |
Appellate Division: Second Judicial Department
M40112
M/nal
ANITA R. FLORIO, J.P.
STEPHEN G. CRANE
DAVID S. RITTER
STEVEN W. FISHER, JJ.
|
2006-00481
In the Matter of Ernest Rudolph, Jr., appellant, v Nola Smith, respondent. (Docket No. F-13026-02)
| DECISION & ORDER ON MOTION |
Appeal by Ernest Rudolph, Jr., from an order of the Family Court, Nassau County, dated December 5, 2005. By order to show cause dated May 5, 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 23, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and the papers 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 23, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).
FLORIO, J.P., CRANE, RITTER and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court