| Matter of Breithaupt v Eisenstein |
| Motion No: 2008-09967 |
| Slip Opinion No: 2009 NYSlipOp 68162(U) |
| Decided on March 31, 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
M84418
E/cb
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2008-09967 In the Matter of Deirdre Breithaupt, respondent, v Jerry Martin Eisenstein, appellant. (Docket No. F-11248-02)
| DECISION & ORDER ON MOTION |
Appeal by Jerry Martin Eisenstein from an order of the Family Court, Richmond County, dated September 5, 2008. By order to show cause dated February 25, 2009, the parties or their attorneys were directed to show cause before this court 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 10, 2008, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).
Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated November 10, 2008, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).
RIVERA, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court