Ecay v Ecay
Motion No: 2008-10506
Slip Opinion No: 2009 NYSlipOp 64700(U)
Decided on February 26, 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

M82995

M/cb

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

MARK C. DILLON

RANDALL T. ENG, JJ.

2008-10506

Cynthia Ecay, appellant,

v Kevin Ecay, respondent.

(Index No. 5892/07)

DECISION & ORDER ON MOTION

Appeal by Cynthia Ecay from an order of the Supreme Court, Rockland County, dated October 16, 2008. By order to show cause dated January 13, 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 26, 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 26, 2008, issued pursuant to 22 NYCRR 670.4(a)(2).

MASTRO, J.P., SKELOS, DILLON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court