Appellate Division: Second Judicial Department

M70823

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WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2008-01907 In the Matter of Wendy Jaques, appellant, v Paul Lewis, respondent. (Docket No. F-3592-97)

DECISION & ORDER ON MOTION

Appeal by Wendy Jaques from an order of the Family Court, Orange County, dated January 4, 2008. By order to show cause dated April 24, 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 March 13, 2008, issued pursuant to 22 NYCRR 670.4(a)(2). Separate motion by the respondent for leave to prosecute the above-entitled appeal as a poor person.

Now on the court's own motion, and no papers having been the papers filed in opposition or relation to the order to show cause or the separate motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated March 13, 2008, issued pursuant to 22 NYCRR 670.4(a)(2); and it is further,

ORDERED that the separate motion by the respondent for leave to prosecute the above-entitled appeal as a poor person is denied as academic.

MASTRO, J.P., SKELOS, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court