Matter of O'Brien v Stewart
Motion No: 2007-11204
Slip Opinion No: 2008 NYSlipOp 69650(U)
Decided on April 22, 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

M69347

M/cb

ROBERT A. SPOLZINO, J.P.

EDWARD D. CARNI

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2007-11204

DECIS

In the Matter of Joanne O'Brien, respondent,

v Dean Stewart, appellant.

(Docket No. F-8360-07)

ION & ORDER ON MOTION

Appeal by Dean Stewart from an order of the Family Court, Suffolk County, dated November 15, 2007. By order to show cause dated April 1, 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 February 20, 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 February 20, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).

SPOLZINO, J.P., CARNI, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court