Appellate Division: Second Judicial Department

M34702

M/nal

HOWARD MILLER, J.P.

WILLIAM A. MASTRO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-09149 Cristina F. Cardinal, respondent, v Lucien F. Cardinal, appellant. (Index No. 16630-97)

DECISION & ORDER ON MOTION

Appeal by Lucien F. Cardinal from an order of the Supreme Court, Westchester County, dated August 5, 2005. By order to show cause dated December 9, 2005, 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 November 4, 2005, issued pursuant to 22 NYCRR 670.4(a)(5).

Now, on the court's own motion, and the papers filed in response to the order to show cause, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until March 6, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted.

H. MILLER, J.P., MASTRO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court