Matter of Gedacht v Agulnek
Motion No: 2009-10165
Slip Opinion No: 2010 NY Slip Op 62972(U)
Decided on February 9, 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

M98375

M/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2009-10165

In the Matter of Michael Gedacht, appellant,

v Karen S. Agulnek, respondent.

(Docket No. F-02565-99)

DECISION & ORDER ON MOTION

Appeal by Michael Gedacht from an order of the Family Court, Suffolk County, dated September 29, 2009. By order to show cause dated December 31, 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 November 13, 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.

RIVERA, J.P., LEVENTHAL, LOTT and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court