Matter of Estrella v Lewis
Motion No: 2005-08893
Slip Opinion No: 2006 NYSlipOp 64843(U)
Decided on March 9, 2006
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

M36920

M/nal

STEPHEN G. CRANE, J.P.

WILLIAM A. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-08893

In the Matter of Cherie Estrella, respondent,

v Joseph Lewis, appellant.

(Docket No. V-01165-00)

DECISION & ORDER ON MOTION

Appeal by Joseph Lewis from an order of the Family Court, Richmond County, dated August 22, 2005. By order to show cause dated January 12, 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 December 2, 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 14, 2006.

CRANE, J.P., MASTRO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court