| Matter of Hopper v Hopper |
| Motion No: 2007-02971 |
| Slip Opinion No: 2007 NYSlipOp 75110(U) |
| Decided on August 7, 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
M58176
S/nl
WILLIAM F. MASTRO, J.P.
ROBERT A. SPOLZINO
GABRIEL M. KRAUSMAN
ROBERT A. LIFSON, JJ.
|
2007-02971 In the Matter of Michelle D. Hopper, respondent, v Patrick E. Hopper, appellant. (Index No. Docket No. F-05826-06)
| DECISION & ORDER ON MOTION |
Appeal by Patrick E. Hopper from an order of the Family Court, Westchester County, dated February 13, 2007. By order to show cause dated June 13, 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 April 24, 2007.
Now, upon the court's own motion and the papers filed in response to the order to show cause, it is
ORDERED that on the court's own motion the appeal is dismissed, without costs or disbursements, as the order is not appealable as of right (see Family Ct Act §§ 439[e], 1112), and leave to appeal has not been granted; and it is further,
ORDERED that the motion to dismiss the appeal for failure to comply with the scheduling order dated April 24, 2007, is denied as academic.
MASTRO, J.P., SPOLZINO, KRAUSMAN and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court