Matter of Hutchinson v McClendon
Motion No: 2008-04082
Slip Opinion No: 2008 NYSlipOp 87159(U)
Decided on October 24, 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

M77585

M/cb

2008-04082

In the Matter of James H. Hutchinson, appellant,

v Deborah A. McClendon, respondent.

(Docket No. F-04328-03)

DECISION & ORDER ON MOTION

Appeal by James H. Hutchinson from an order of the Family Court, Nassau County, dated October 1, 2007. By order to show cause dated September 8, 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 23, 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.

ENTER:

James Edward Pelzer

Clerk of the Court