Appellate Division: Second Judicial Department

M65452

E/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-09767 In the Matter of Israel Valle, appellant, v Ventura Valle, respondent. (Docket Nos. V-20523-07, V-20524-07)

DECISION & ORDER ON MOTION

Appeal by Israel Valle from an order of the Family Court, Queens County, dated October 2, 2007. By order to show cause dated December 18, 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 November 7, 2007, issued pursuant to 22 NYCRR (a)(2). Cross motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the cross motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court