| Vogelgesang v Vogelgesang |
| Motion No: 2006-11859 |
| Slip Opinion No: 2007 NYSlipOp 68707(U) |
| Decided on May 2, 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. |
Appellate Division: Second Judicial Department
M54082
E/sl
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2006-11859 Teresa Vogelgesang, respondent, v Arthur Vogelgesang, appellant. (Index No. 750-05)
| DECISION & ORDER ON MOTION |
Appeal by Arthur Vogelgesang from a judgment of the Supreme Court, Queens County, dated September 26, 2006. By order to show cause dated March 14, 2007, 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 a scheduling order dated January 23, 2007. Motion by the respondent, inter alia, to dismiss the appeal as untimely taken.
Upon the order to show cause and the papers filed in response thereto, and upon the respondent's motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the respondent's motion which is to dismiss the appeal as untimely taken is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,
ORDERED that the respondent's motion is otherwise denied; and it is further,
ORDERED that the order to show cause is denied as academic.
CRANE, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court