Matter of Weinberger v Frankel
Motion No: 2008-02810
Slip Opinion No: 2008 NYSlipOp 75830(U)
Decided on June 25, 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

M72216

M/cb

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2008-02810

In the Matter of Hadassah Weinberger,

respondent, v Joshua Frankel, appellant.

(Docket Nos. V-1640-04, V-1641-04)

DECISION & ORDER ON MOTION

Appeal by Joshua Frankel from an order of the Family Court, Rockland County, dated March 10, 2008. By order to show cause dated May 23, 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 April 9, 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 April 9, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).

MASTRO, J.P., DILLON, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court