Matter of Antoine v Stewart
Motion No: 2006-08946
Slip Opinion No: 2007 NYSlipOp 62143(U)
Decided on January 30, 2007
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

M50079

M/mv

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2006-08946

In the Matter of Gerard Antoine, respondent,

v Daveia Stewart, appellant.

(Docket No. V-12744-05)

DECISION & ORDER ON MOTION

Appeal by Daveia Stewart from an order of the Family Court, Nassau County, dated August 15, 2006. By order to show cause dated December 19, 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 October 5, 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 October 5, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

CRANE, J.P., GOLDSTEIN, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court