Matter of McNair v Mima
Motion No: 2008-05049
Slip Opinion No: 2008 NYSlipOp 92386(U)
Decided on December 18, 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

M80084

M/cb

ROBERT A. SPOLZINO, J.P.

STEVEN W. FISHER

HOWARD MILLER

EDWARD D. CARNI, JJ.

2008-05049

In the Matter of Micol McNair, appellant,

v Monique Mima, respondent.

(Docket No. V-02709-01)

DECISION & ORDER ON MOTION

Appeal by Micol McNair from an order of the Family Court, Dutchess County, dated January 22, 2008. By order to show cause dated November 19, 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 June 12, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).

Now on the court's own motion, and the papers filed in relation thereto, it is

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated June 12, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).

SPOLZINO, J.P., FISHER, MILLER and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court