Matter of Pasquale v Bivona
Motion No: 2006-02678
Slip Opinion No: 2006 NYSlipOp 70342(U)
Decided on June 14, 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

M40656

M/nal

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2006-02678

In the Matter of Linda Pasquale, appellant,

v Michael Bivona, respondent.

(Docket No. F-11931-04)

DECISION & ORDER ON MOTION

Appeal by Linda Pasquale from an order of the Family Court, Westchester County, dated February 6, 2006. 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 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 23, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

MILLER, J.P., RITTER, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court