Matter of Middleton v Freeman
Motion No: 2007-08356
Slip Opinion No: 2008 NYSlipOp 62362(U)
Decided on January 30, 2008
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

M65450

E/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-08356

In the Matter of Corinne Middleton, appellant,

v Gary S. Freeman, respondent.

(Docket No. V-04505-00)

DECISION & ORDER ON MOTION

Appeal by Corinne Middleton from an order of the Family Court, Suffolk County, dated August 1, 2007. By order to show cause dated December 28, 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 19, 2007, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements.

SKELOS, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court