Neyer v Neyer
Motion No: 2008-04818
Slip Opinion No: 2008 NYSlipOp 83673(U)
Decided on September 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

M76059

M/cb

STEVEN W. FISHER, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

ARIEL E. BELEN, JJ.

2008-04818

Gregory Michael Neyer, respondent,

v Cynthia Neyer, appellant.

(Index No. 23827/03)

DECISION & ORDER ON MOTION

Appeal by Cynthia Neyer from a judgment of the Supreme Court, Suffolk County, dated April 14, 2008. By order to show cause dated July 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 action for failure to comply with a scheduling order dated June 12, 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 June 12, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).

FISHER, J.P., DILLON, McCARTHY and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court