Ardizzone v Ardizzone
Motion No: 2006-05111
Slip Opinion No: 2006 NYSlipOp 75494(U)
Decided on September 13, 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

M44232

M/mv

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2006-05111

Mario Ardizzone, appellant,

v Lori Ardizzone, respondent.

(Index No. 0047/05)

DECISION & ORDER ON MOTION

Appeal by Mario Ardizzone from an order of the Supreme Court, Suffolk County, dated April 17, 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 action for failure to comply with a scheduling order dated June 2, 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 June 2, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

MILLER, J.P., SCHMIDT, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court