Matter of Rocioppi v Eliseo
Motion No: 2007-11166
Slip Opinion No: 2008 NYSlipOp 65038(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

M66971

M/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2007-11166

In the Matter of Carmine A. Rocioppi, Jr.,

appellant, v Maria M. Eliseo, respondent.

(Docket No. F-13741-04)

DECISION & ORDER ON MOTION

Appeal by Carmine A. Rocioppi, Jr., from an order of the Family Court, Nassau County, dated October 22, 2007. By order to show cause 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 December 12 , 2007, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and the papers 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 12, 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