| Kruk v Kerr, n/k/a Meyering |
| Motion No: 2006-03877 |
| Slip Opinion No: 2006 NYSlipOp 72895(U) |
| Decided on July 28, 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
M42597
M/
ROBERT A. SPOLZINO, J.P.
PETER B. SKELOS
STEVEN W. FISHER
MARK C. DILLON , JJ.
|
2006-03877
Raymond M. Kruk, respondent, v Margaret A. Kerr, n/k/a Margaret M. Meyering, appellant. (Index No. 2138/02)
| DECISION AND ORDER ON MOTION |
Appeal by Margaret A. Kerr, n/k/a Margaret M. Meyering from an order of the Supreme Court, Dutchess County, dated March 23, 2006. By order to show cause dated June 21, 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 action for failure to comply with a scheduling order dated May 11, 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 May 11, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).
SPOLZINO, J.P., SKELOS, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court