| Matter of Viteritti v Voelkel |
| Motion No: 2008-07650 |
| Slip Opinion No: 2008 NYSlipOp 91431(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
M79240
E/sl
ROBERT A. SPOLZINO, J.P.
MARK C. DILLON
EDWARD D. CARNI
JOHN M. LEVENTHAL, JJ.
|
2008-07650 In the Matter of John Viteritti, respondent, v Karen Voelkel, appellant. (Docket No. V-16440-06)
| DECISION & ORDER ON MOTION |
Appeal by Karen Voelkel from an order of the Family Court, Suffolk County, dated July 14, 2008. By order to show cause dated October 24, 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 11, 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 11, 2008, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).
SPOLZINO, J.P., DILLON, CARNI and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court