Matter of Cannella v Anthony
Motion No: 2009-09027
Slip Opinion No: 2009 NY Slip Op 92921(U)
Decided on December 31, 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

M96753

M/cb

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-09027

In the Matter of Frank Cannella, appellant,

v Marguarite Anthony, respondent.

(Docket No. F-3131-06)

DECISION & ORDER ON MOTION

Appeal by Frank Cannella from an order of the Family Court, Rockland County, dated August 14, 2009. By order to show cause dated November 27, 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 October 13, 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.

SANTUCCI, J.P., DICKERSON, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court