Matter of Nichols v Nichols
Motion No: 2008-00116
Slip Opinion No: 2008 NYSlipOp 67158(U)
Decided on March 20, 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

M67839

M/

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2008-00116

DECISION & ORDER ON MOTION

In the Matter of Edward Nichols, respondent,

v Diane Nichols, appellant.

(Docket No. F-7994-07)

Appeal by Diane Nichols from an order of the Family Court, Suffolk County, dated December 17, 2007. By order to show cause dated February 20, 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 January 9, 2008, 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 January 9, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).

RIVERA, J.P., RITTER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court