Matter of Capala v Keezer
Motion No: 2008-10607
Slip Opinion No: 2009 NYSlipOp 63976(U)
Decided on February 19, 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

M82484

M/cb

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2008-10607

In the Matter of Laura A. Capala, appellant,

v Kimberly Keezer, respondent.

(Docket No. V-17486-08)

DECISION & ORDER ON MOTION

Appeal by Laura A. Capala from an order of the Family Court, Suffolk County, dated October 14, 2008. By order to show cause dated January 16, 2009, 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 December 1, 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 December 1, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).

RITTER, J.P., SANTUCCI, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court