Matter of Howell v Joseph
Motion No: 2007-01464
Slip Opinion No: 2007 NYSlipOp 70108(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

M55015

M/cb

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2007-01464

DECISION

In the Matter of Adraine M. Howell, respondent,

v Donald E. Joseph, appellant.

(Docket No. F-22073-04)

& ORDER ON MOTION

Appeal by Donald E. Joseph from an order of the Family Court, Kings County, dated January 30, 2007. By order to show cause dated May 2, 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 1, 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 1, 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