Matter of Lowe-Bynoe v Lowe
Motion No: 2008-02520
Slip Opinion No: 2008 NYSlipOp 84229(U)
Decided on September 29, 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

M76454

M/cb

ROBERT A. LIFSON, J.P.

DAVID S. RITTER

HOWARD MILLER

RUTH C. BALKIN, JJ.

2008-02520

In the Matter of Yvonne Lowe-Bynoe,

respondent, v Larry Lowe, appellant.

(Docket No. F-03204-06)

DECISION & ORDER ON MOTION

Appeal by Larry Lowe from an order of the Family Court, Westchester County, dated February 7, 2008. By order to show cause dated September 5, 2008, as amended September 9, 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 July 14, 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 July 14, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).

LIFSON, J.P., RITTER, MILLER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court