Matter of Freking v McGovern
Motion No: 2009-00996
Slip Opinion No: 2009 NY Slip Op 74143(U)
Decided on June 4, 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

M87451

M/cb

MARK C. DILLON, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2009-00996

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 November 19, 2008. By order to show cause dated May 12, 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 6, 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 motion is granted and the appeal is dismissed, without costs or disbursements, for failure to comply with a scheduling order dated February 6, 2009, issued pursuant to 22 NYCRR 670.4(a)(2).

DILLON, J.P., SANTUCCI, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court