Matter of Freytes v Freytes
Motion No: 2008-10232
Slip Opinion No: 2009 NYSlipOp 62378(U)
Decided on January 29, 2009
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

M81852

M/cb

PETER B. SKELOS, J.P.

DAVID S. RITTER

ANITA R. FLORIO

HOWARD MILLER, JJ.

2008-10232

In the Matter of Margarita Freytes, respondent,

v Edwin Freytes, appellant.

(Docket No. O-14859-08)

DECISION & ORDER ON MOTION

Appeal by Edwin Freytes from an order of the Family Court, Suffolk County, dated October 17, 2008. By order to show cause dated December 31, 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 November 21, 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 November 21, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).

SKELOS, J.P., RITTER, FLORIO and MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court