Matter of Freking v McGovern
Motion No: 2009-01657
Slip Opinion No: 2009 NY Slip Op 72307(U)
Decided on May 12, 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

M86475

M/cb

ANITA R. FLORIO, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2009-01657

In the Matter of Robert Freking, respondent,

v Maureen McGovern, appellant.

(Docket No. F-03288-96)

DECISION & ORDER ON MOTION

Appeal by Maureen McGovern from an order of the Family Court, Suffolk County, dated July 7, 2008. By order to show cause dated April 8, 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 26, 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 26, 2009, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ENTER:

James Edward Pelzer

Clerk of the Court