Appellate Division: Second Judicial Department

M63489

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

MARK C. DILLON

RUTH C. BALKIN, JJ.

2007-04590 In the Matter of Veronica R. Murphy, respondent, v James P. Morgan, appellant. (Docket No. F-09064-06)

DECISION & ORDER ON MOTION

Appeal by James P. Morgan from an order of the Family Court, Nassau County, dated April 4, 2007. There were no transcripts needed for the appeal, and pursuant to the scheduling order of this court dated May 31, 2007, the appeal in the above-entitled proceeding was to be perfected within 60 days of the date of the order. The appeal has not been perfected. By order to show cause dated November 2, 2007, 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 the scheduling order dated May 31, 2007.

Upon the order to show cause and the papers 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 May 31, 2007 (see 22 NYCRR 670.4[a][5]).

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

ENTER:

James Edward Pelzer

Clerk of the Court