Matter of Chase v Chase
Motion No: 2009-00299
Slip Opinion No: 2009 NYSlipOp 69978(U)
Decided on April 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M85332

M/cb

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-00299

In the Matter of John Chase, appellant,

v Kristen Chase, respondent.

(Docket No. F-10637-08)

DECISION & ORDER ON MOTION

Appeal by John Chase from an order of the Family Court, Suffolk County, dated December 16, 2008. By order to show cause dated March 9, 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 28, 2009, 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 January 28, 2009, issued pursuant to 22 NYCRR 670.4(a)(2).

MASTRO, J.P., MILLER, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court