Matter of Lawless v Esposito
Motion No: 2006-04613
Slip Opinion No: 2006 NYSlipOp 74922(U)
Decided on September 5, 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

M43939

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2006-04613

In the Matter of Amber D. Lawless, respondent,

v Daniel Esposito, appellant.

(Docket No. F-07784-05)

DECISION & ORDER ON MOTION

Appeal by Daniel Esposito from an order of the Family Court, Suffolk County, dated March 30, 2006. By order to show cause dated July 20, 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 May 30, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

Now on the court's own motion, and the papers filed in relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated May 30, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

MILLER, J.P., CRANE, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court