Matter of Lynch v Lynch
Motion No: 2008-09883
Slip Opinion No: 2009 NY Slip Op 71351(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

M86043

M/cb

MARK C. DILLON, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2008-09883

In the Matter of Candase T. Lynch, respondent,

v Richard C. Lynch, appellant.

(Docket No. O-16995-08)

DECISION & ORDER ON MOTION

Appeal by Richard C. Lynch from an order of the Family Court, Kings County, dated September 29, 2008. By order to show cause dated March 30, 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 February 11, 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 February 11, 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