Matter of Messin v Schonholz
Motion No: 2009-11373
Slip Opinion No: 2010 NY Slip Op 67647(U)
Decided on April 6, 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

M100715

E/sl

JOSEPH COVELLO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2009-11373

In the Matter of Eric Messin, respondent,

v Joy Schonholz, appellant.

(Docket Nos. V-18054-09, V-18055-09)

DECISION & ORDER ON MOTION

Appeal by Joy Schonholz from an order of the Family Court, Suffolk County, dated November 30, 2009. By order to show cause dated March 4, 2010, 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 January 15, 2010, 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 no papers having been 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 January 15, 2010, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).

COVELLO, J.P., SANTUCCI, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court