Appellate Division: Second Judicial Department

M49141

E/sl

REINALDO E. RIVERA, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-08252 In the Matter of Joanna A. Klimkiewicz, respondent, v Brian A. Luongo, appellant. (Docket No. V-391/06)

DECISION & ORDER ON MOTION

Appeal by Brian A. Luongo from an order of the Family Court, Orange County, dated June 30, 2006. By order to show cause dated November 2, 2006, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated September 19, 2006. Motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the order to show cause and the papers filed in response thereto, and the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, as the appellant is not aggrieved by an order entered on stipulation (see Baecher v Baecher, 95 AD2d 841); and it is further,

ORDERED that the order to show cause to dismiss the appeal and the motion for poor person relief are denied as academic.

RIVERA, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court