Matter of Alster v Alster
Motion No: 2008-06753
Slip Opinion No: 2008 NYSlipOp 87724(U)
Decided on October 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

M77758

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2008-06753

In the Matter of Susan Alster, respondent,

v Marc Alster, appellant.

(Docket No. F-1051-07)

DECISION & ORDER ON MOTION

Appeal by Marc Alster from an order of the Family Court, Rockland County, dated June 12, 2008. By order to show cause dated September 18, 2008, 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 a scheduling order dated August 1, 2008, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

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

SPOLZINO, J.P., FLORIO, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court