| Matter of Levine v Ryan |
| Motion No: 2009-05989 |
| Slip Opinion No: 2009 NY Slip Op 88263(U) |
| Decided on November 10, 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. |
Appellate Division: Second Judicial Department
M94271
E/sl
WILLIAM F. MASTRO, J.P.
FRED T. SANTUCCI
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2009-05989 In the Matter of Paul G. Levine, appellant, v Jacqueline Ryan, respondent. (Docket No. V-00026-96)
| DECISION & ORDER ON MOTION |
Appeal by Paul G. Levine from an order of the Family Court, Suffolk County, dated June 8, 2009. By order to show cause dated September 18, 2009, the parties or their attorneys were directed to show cause before this court 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 6, 2009, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated July 6, 2009, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).
MASTRO, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court