Matter of Lutz v Lutz
Motion No: 2007-05942
Slip Opinion No: 2007 NYSlipOp 79046(U)
Decided on September 25, 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

M60190

M/cb

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

THOMAS A. DICKERSON, JJ.

2007-05942

In the Matter of Eric Lutz, appellant,

v Dory Lutz, respondent.

(Docket No. F-4240-06)

DECISION & ORDER ON MOTION

Appeal by Eric Lutz from an order of the Family Court, Suffolk County, dated May 14, 2007. By order to show cause dated August 16, 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 July 9, 2007, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and the papers filed in response to the order to show cause, including a representation that the transcripts were ordered and paid for on or about July 17, 2007, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the appellant shall advise this court when he has received the transcripts.

MILLER, J.P., RITTER, GOLDSTEIN and DICKERSON, JJ., concur.

ENTER:

James Edward PelzerClerk of the Court