| Matter of Heitner v Hutchins |
| Motion No: 2008-10276 |
| Slip Opinion No: 2009 NYSlipOp 63980(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. |
Appellate Division: Second Judicial Department
M82397
M/cb
STEVEN W. FISHER, J.P.
ANITA R. FLORIO
RUTH C. BALKIN
ARIEL E. BELEN, JJ.
|
2008-10276 In the Matter of Lois H. Heitner, respondent, v Robert Hutchins, appellant. (Docket No. O-03280-08)
| DECISION & ORDER ON MOTION |
Appeal by Robert Hutchins from an order of the Family Court, Westchester County, dated October 6, 2008. By order to show cause dated January 14, 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 November 21, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).
Now on the court's own motion, and the papers 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).
FISHER, J.P., FLORIO, BALKIN and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court