Appellate Division: Second Judicial Department

M36319

J/nal

GLORIA GOLDSTEIN, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-10361 In the Matter of Christopher DiPasquale, appellant, v Marion Atwater, respondent. (Docket No. F-3829-04)

DECISION & ORDER ON MOTION

Appeal by Christopher DiPasquale from an order of the Family Court, Rockland County, dated September 19, 2005. By order to show cause dated January 3, 2006, 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 15, 2005, issued pursuant to 22 NYCRR 670.4(a)(2).

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 670.9[d][2]) and by serving and filing the appellant's brief on the appeal is enlarged until April 28, 2006.

GOLDSTEIN, J.P., RIVERA, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court