Micciche v Micciche, n/k/a Cassano
Motion No: 2007-08921
Slip Opinion No: 2008 NYSlipOp 65016(U)
Decided on February 28, 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

M66964

M/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2007-08921

John P. Micciche, respondent,

v Kimberly A. Micciche, n/k/a Kimberly

A. Cassano, appellant.

(Index No. 2015-02)

DECISION & ORDER ON MOTION

Appeal by Kimberly A. Micciche, n/k/a Kimberly A. Cassano from an order of the Supreme Court, Suffolk County, dated August 21, 2007. By order to show cause dated January 29, 2008, the parties or their attorneys were directed to show cause 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 December 7, 2007, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and no papers having been filed in opposition or relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated December 7, 2007, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court