| Klein v Klein |
| Motion No: 2008-08244 |
| Slip Opinion No: 2009 NYSlipOp 66745(U) |
| Decided on March 17, 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
M83853
M/cb
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2008-08244 Norman Klein, respondent, v Marilyn Klein, appellant. (Index No. 41084/04)
| DECISION & ORDER ON MOTION |
Appeal by Marilyn Klein from an order of the Supreme Court, Kings County, dated August 13, 2008. By order to show cause dated February 18, 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 January 5, 2009, issued pursuant to 22 NYCRR 670.4(a)(2). Application by the appellant pro se for three additional weeks to respond to the order to show cause
Now on the court's own motion, and the papers filed in opposition or relation thereto, it is
ORDERED that the application by the appellant is denied; and it is further,
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated January 5, 2009, issued pursuant to 22 NYCRR 670.4(a)(2).
MASTRO, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court