Matter of Fritzche v Curti
Motion No: 2009-03803
Slip Opinion No: 2009 NY Slip Op 86440(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

M93304

M/cb

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

JOSEPH COVELLO

LEONARD B. AUSTIN, JJ.

2009-03803

In the Matter of Dennis Larson Fritzche,

respondent, v Caroline Curti, appellant.

(Docket No. F-01087-08)

DECISION & ORDER ON MOTION

Appeal by Caroline Curti from an order of the Family Court, Suffolk County, dated March 13, 2009. By order to show cause dated September 17, 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 August 4, 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.

RIVERA, J.P., FISHER, COVELLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court