Summit App. No. 24898. This cause is pending before the court as a discretionary appeal. It appears from the records of the court that the appellant has not filed a memorandum in support of jurisdiction, due September 25, 2009, in compliance with the Rules of Practice of the Supreme Court and therefore *1431has failed to prosecute this cause with the requisite diligence. Upon consideration thereof,

It is ordered by the court that this cause is dismissed sua sponte.