Schwartz v Schwartz
Motion No: 2009-06472
Slip Opinion No: 2009 NY Slip Op 86425(U)
Decided on October 21, 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

M93335

M/cb

FRED T. SANTUCCI, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2009-06472

Michele Schwartz, appellant,

v Jeffrey Schwartz, respondent.

(Index No. 23196/04)

DECISION & ORDER ON MOTION

Appeal by Michele Schwartz from an order of the Supreme Court, Kings County, dated June 3, 2009. By order to show cause dated September 9, 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 July 20, 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.

SANTUCCI, J.P., CHAMBERS, HALL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court