Matter of Clark v Elie
Motion No: 2006-04746
Slip Opinion No: 2006 NYSlipOp 80198(U)
Decided on November 17, 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

M47005

M/mv

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-04746

In the Matter of Kimberlie Clark, respondent,

v Laibhin Elie, appellant.

(Docket Nos. V-11910-04, V-15526-04)

DECISION & ORDER ON MOTION

Appeal by Laibhin Elie from an order of the Family Court, Kings County, dated March 31, 2006. By order to show cause dated September 22, 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 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 May 30, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

CRANE, J.P., RITTER, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court