Nusbaum v Nusbaum
Motion No: 2009-00711
Slip Opinion No: 2009 NY Slip Op 71322(U)
Decided on May 1, 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

M86039

M/cb

MARK C. DILLON, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2009-00711, 2009-00717

Lawrence C. Nusbaum, appellant,

v Susan Nusbaum, respondent.

(Index No. 07-12602)

DECISION & ORDER ON MOTION

Appeals by Lawrence C. Nusbaum from two orders of the Supreme Court, Westchester County, entered January 13, 2009, and January 15, 2009, respectively. By order to show cause dated March 31, 2009, the parties or their attorneys were directed to show cause why an order should or should not be made and entered dismissing the appeals in the above-entitled proceeding for failure to comply with a scheduling order dated February 18, 2009, issued pursuant to 22 NYCRR 670.4(a)(2).

Now on the court's own motion, and the papers filed in relation thereto, it is

ORDERED that the appeals are dismissed, without costs or disbursements, for failure to comply with a scheduling order dated February 18, 2009, issued pursuant to 22 NYCRR 670.4(a)(2).

DILLON, J.P., FLORIO, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court