| Matter of Mutter v Mutter |
| Motion No: 2008-01292 |
| Slip Opinion No: 2008 NYSlipOp 71051(U) |
| Decided on May 5, 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. |
Appellate Division: Second Judicial Department
M69953
M/cb
ROBERT A. LIFSON, J.P.
HOWARD MILLER
MARK C. DILLON
RANDALL T. ENG, JJ.
|
2008-01292
In the Matter of Mary Mutter, respondent, v Cabell R. Mutter, appellant. (Docket Nos. V-06499-07, V-06500-07)
| DECISION & ORDER ON MOTION |
Appeal by Cabell R. Mutter from an order of the Family Court, Suffolk County, dated January 15, 2008. By order to show cause dated April 7, 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 25, 2008, 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 February 25, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).
LIFSON, J.P., MILLER, DILLON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court