Morgan v Morgan
Motion No: 2006-02886
Slip Opinion No: 2006 NYSlipOp 71410(U)
Decided on July 3, 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

M41556

M/mv

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT A. LIFSON, JJ.

2006-02886

Wayne F. Morgan, respondent,

v Jacqueline E. Morgan, appellant.

(Index No. 6261/1995)

DECISION & ORDER ON MOTION

Appeal by Jacqueline E. Morgan from an order of the Supreme Court, Queens County, dated February 10, 2006. By order to show cause dated May 25, 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 April 10, 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 April 10 , 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

SCHMIDT, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court