Matter of Fisher v Fisher
Motion No: 2007-06646
Slip Opinion No: 2008 NYSlipOp 63952(U)
Decided on February 19, 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

M66343

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

EDWARD D. CARNI, JJ.

2007-06646

In the Matter of Michael K. Fisher, appellant,

v Terri A. Fisher, respondent.

(Docket No. F-16133-06)

DECISION & ORDER ON MOTION

Appeal by Michael K. Fisher from an order of the Family Court, Kings County, dated June 5, 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 November 14, 2007, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][5]).

Upon the order to show cause and the papers 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.

SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court