Matter of Rudd v Rudd
Motion No: 2009-09334
Slip Opinion No: 2010 NY Slip Op 61638(U)
Decided on January 22, 2010
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

M97652

M/ct

MARK C. DILLON, J.P.

JOSEPH COVELLO

HOWARD MILLER

CHERYL E. CHAMBERS, JJ.

2009-09334

In the Matter of Beth O. Rudd, appellant,

v Robert Rudd, respondent.

(Docket Nos. F-1444-06, F-07903-7)

DECISION & ORDER ON MOTION

Appeal by Beth O. Rudd from an order of the Family Court, Westchester County, dated August 31, 2009. By order to show cause dated December 7, 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 22, 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.

DILLON, J.P., COVELLO, MILLER and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court