Matter of Miller v Miller
Motion No: 2006-07749
Slip Opinion No: 2007 NYSlipOp 62164(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

M50063

M/mv

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

PETER B. SKELOS

MARK C. DILLON, JJ.

2006-07749

In the Matter of Kenneth J. Miller,

respondent, v Dawn M. Miller, appellant.

(Docket Nos. V-586-99, V-587-99)

DECISION & ORDER ON MOTION

Appeal by Dawn M. Miller from an order of the Family Court, Nassau County, dated July 21, 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 September 18, 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 September 18, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

RITTER, J.P., SANTUCCI, SKELOS and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court