| Matter of Gross v Fleming |
| Motion No: 2008-08120 |
| Slip Opinion No: 2008 NYSlipOp 90395(U) |
| Decided on November 28, 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. |
Appellate Division: Second Judicial Department
M79050
M/cb
REINALDO E. RIVERA, J.P.
DANIEL D. ANGIOLILLO
EDWARD D. CARNI
RANDALL T. ENG, JJ.
|
2008-08120 In the Matter of Marcus Gross, appellant, v Sharon Fleming, respondent. (Docket No. F-03354-08)
| DECISION & ORDER ON MOTION |
Appeal by Marcus Gross from an order of the Family Court, Dutchess County, dated July 29, 2008. By order to show cause dated October 30, 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 September 16, 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 September 16, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).
RIVERA, J.P., ANGIOLILLO, CARNI and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court