Matter of Spizzirro v Spizzirro
Motion No: 2007-07768
Slip Opinion No: 2007 NYSlipOp 84187(U)
Decided on November 21, 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

M62607

S/sl

GABRIEL M. KRAUSMAN, J.P.

STEVEN W. FISHER

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2007-07768

In the Matter of Kathleen Spizzirro, respondent,

v Louis Spizzirro, appellant.

(Docket No. F-05439-06)

DECISION AND ORDER ON MOTION

Appeal by Louis Spizzirro from an order of the Family Court, Westchester County, dated July 19, 2007. By order to show cause dated October 26, 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 September 11, 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, it is

ORDERED that the motion is denied.

KRAUSMAN, J.P., FISHER, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court