Matter of Smith v Giambrone
Motion No: 2006-06383
Slip Opinion No: 2006 NYSlipOp 77485(U)
Decided on October 11, 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

M45539

M/mv

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2006-06383

In the Matter of Donna Marie Smith, appellant,

v Patrick J. Giambrone, respondent.

(Docket No. F-03973/00)

DECISION & ORDER ON MOTION

Appeal by Donna Marie Smith from an order of the Family Court, Suffolk County, dated June 5, 2006. By order to show cause dated September 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 July 21, 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 July 21, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

FLORIO, J.P., ADAMS, GOLDSTEIN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court