| Matter of Phillips, o/b/o Demauro v Fried |
| Motion No: 2008-08644 |
| Slip Opinion No: 2008 NYSlipOp 91424(U) |
| Decided on December 9, 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
M79529
E/sl
WILLIAM F. MASTRO, J.P.
HOWARD MILLER
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2008-08644 In the Matter of Kathleen Phillips, o/b/o Denise Demauro, respondent, v Jeffrey B. Fried, appellant. (Docket No. F-2532-88)
| DECISION & ORDER ON MOTION |
Appeal by Jeffrey B. Fried from an order of the Family Court, Suffolk County, dated August 15, 2008. By order to show cause dated November 17, 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 September 26, 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 appeal is dismissed, without costs or disbursements for failure to comply with the scheduling order dated September 26, 2008, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).
MASTRO, J.P., MILLER, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court