Matter of Epstein v Epstein
Motion No: 2009-00483
Slip Opinion No: 2009 NYSlipOp 69979(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

M85331

M/cb

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2009-00483

In the Matter of Kimberly A. Epstein, o/b/o

Daniel Epstein, et al., respondents,

v Bryan Epstein, appellant.

(Docket No. O-11747-08)

DECISION & ORDER ON MOTION

Appeal by Bryan Epstein from an order of the Family Court, Nassau County, dated December 12, 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 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 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