Entwistle v Entwistle
Motion No: 2008-02995
Slip Opinion No: 2008 NYSlipOp 77591(U)
Decided on July 14, 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

M73121

E/sl

ANITA R. FLORIO, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2008-02995

Laura Entwistle, appellant,

v Andrew Entwistle, respondent.

(Index No. 05-02656)

DECISION & ORDER ON MOTION

Appeal by Laura Entwistle from an order of the Supreme Court, Westchester County, dated February 26, 2008. By order to show cause dated June 17, 2008, pursuant to § 670.4(a)(5) of the rules of this court (22 NYCRR 670.4[a][5]), the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with the scheduling order dated April 9, 2008, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).

Upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.

FLORIO, J.P., COVELLO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court