Martinez v Martinez
Motion No: 2006-11717
Slip Opinion No: 2007 NYSlipOp 65393(U)
Decided on March 19, 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

M52244

M/mv

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2006-11717

Maryann Martinez, respondent,

v Angel Martinez, appellant.

(Index No. 033441/05)

DECISION & ORDER ON MOTION

Appeal by Angel Martinez from an order of the Supreme Court, Kings County, dated November 17, 2006. By order to show cause dated February 26, 2007, 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 January 11, 2007, 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 January 11, 2007, issued pursuant to 22 NYCRR 670.4(a)(2).

RIVERA, J.P., SKELOS, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court