Matter of Scalone v Gallipoli
Motion No: 2006-06604
Slip Opinion No: 2006 NYSlipOp 81057(U)
Decided on December 1, 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

M47565

M/mv

HOWARD MILLER, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2006-06604

In the Matter of Alan Scalone, respondent,

v Victoria Gallipoli, appellant.

(Docket No. V-03426-00)

DECISION & ORDER ON MOTION

Appeal by Victoria Gallipoli from an order of the Family Court, Dutchess County, dated May 19, 2006. By decision and order on motion dated October 27, 2006, the court's motion to dismiss the above-entitled appeal was denied, and the appellant was given until November 15, 2006, to comply with a scheduling order dated July 21, 2006. The appellant has failed to comply with the scheduling order.

On the court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated July 21, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

MILLER, J.P., RIVERA, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court