Matter of Martinetti v Martinetti
Motion No: 2006-08190
Slip Opinion No: 2007 NYSlipOp 62162(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

M50075

M/mv

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2006-08190

In the Matter of Frank Martinetti, appellant,

v Lori Martinetti, respondent.

(Docket Nos. F-4535-03, F-4535-05)

DECISION & ORDER ON MOTION

Appeal by Frank Martinetti from an order of the Family Court, Westchester County, dated July 18, 2006. By order to show cause dated December 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 November 8, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

Now on the court's own motion, and the papers 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 November 8, 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