Appellate Division: Second Judicial Department

M47306

S/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-07402, 2006-08966 Marta Luongo, respondent, v Joseph Luongo, appellant. (Index No. 05-3054)

ORDER TO SHOW CAUSE

The defendant having appealed to this court from (1) findings of fact and conclusions of law of the Supreme Court, Orange County, dated June 19, 2006, and (2) a judgment of the same court dated July 26, 2006, and this court having noticed the matter for a CAMP conference, and, counsel for the appellant having failed to appear at the conference without excuse.

Now, on the court's own motion, it is

ORDERED that counsel for the appellant and the respondent show cause why an order should or should not be made and entered imposing such sanctions as the court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2), by filing an affirmation or affidavit on that issue in the office of the Clerk of this court and serving one copy of the same on all parties to the action on or before December 15, 2006; and it is further,

ORDERED that the appeal from the findings of fact and conclusions of law (Appellate Division Docket No. 2006-07402), is dismissed, without costs or disbursements as no appeal lies from findings of fact and conclusions of law (see Benedetto v O'Grady, 10 AD2d 628); and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon counsel for all parties by regular mail.

MILLER, J.P., CRANE, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court