Matter of Balzano v Casalaina
Motion No: 2007-07661
Slip Opinion No: 2007 NYSlipOp 85811(U)
Decided on December 11, 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

M63486

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

MARK C. DILLON

RUTH C. BALKIN, JJ.

2007-07661

In the Matter of Ann Marie Balzano, respondent,

v Gary Casalaina, appellant.

(Docket No. F-7372-06)

DECISION & ORDER ON MOTION

Appeal by Gary Casalaina from an order of the Family Court, Kings County, dated July 11, 2007. By order to show cause dated November 1, 2007, issued pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), 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.

Upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated September 11, 2007 (see NYCRR 670.4[a][5]).

MILLER, J.P., CRANE, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court