Matter of Burger v Burger
Motion No: 2007-09836
Slip Opinion No: 2008 NYSlipOp 65031(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

M66965

M/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2007-09836

In the Matter of Grace Burger, respondent,

v Bryon Burger, appellant.

(Docket Nos. V-1540-05, V-1541-05)

DECISION & ORDER ON MOTION

Appeal by Bryon Burger from an order of the Family Court, Rockland County, dated September 10, 2007. By order to show cause dated January 30, 2008, as amended by order dated January 31, 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 November 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 November 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