Matter of Banez v Banez
Motion No: 2007-01722
Slip Opinion No: 2007 NYSlipOp 70096(U)
Decided on May 24, 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

M55008

M/cb

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2007-01722

DECISION

In the Matter of Alicia O. Banez, respondent,

v Angelito Banez, appellant.

(Docket No. O-09360-06)

& ORDER ON MOTION

Appeal by Angelito Banez from an order of the Family Court, Westchester County, dated January 22, 2007. By order to show cause dated April 30, 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 March 14, 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 March 14, 2007, issued pursuant to 22 NYCRR 670.4(a)(2).

SPOLZINO, J.P., RITTER, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court