Johnson v Johnson
Motion No: 2009-03922
Slip Opinion No: 2009 NY Slip Op 77502(U)
Decided on July 9, 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

M89038

M/cb

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2009-03922

Erik Johnson, respondent,

v Layna Johnson, appellant.

(Index No. 18574/00)

DECISION & ORDER ON MOTION

Appeal by Layna Johnson from an order of the Supreme Court, Westchester County, dated March 6, 2009. By order to show cause dated June 16, 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 May 6, 2009, issued pursuant to 22 NYCRR 670.4(a)(2).

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

ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements.

MASTRO, J.P., COVELLO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court