Matter of Evers v Daley
Motion No: 2006-03035
Slip Opinion No: 2006 NYSlipOp 70819(U)
Decided on June 22, 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

M41219

O/cf

DANIEL F. LUCIANO, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2006-03035

In the Matter of Tracey Evers, respondent,

v Eric Daley, appellant.

(Docket Nos. V-14351-02, V-23829-02)

DECISION & ORDER ON MOTION

Appeal by Eric Daley from an order of the Family Court, Kings County, dated March 6, 2006. By order to show cause dated May 25, 2006, the appellant was directed to show cause before this court 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 April 19, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

On the court's own motion, and the papers filed in support of the order to show cause, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated April 19, 2006 (see 22 NYCRR 670.4[a][5]).

LUCIANO, J.P., RIVERA, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court