Appellate Division: Second Judicial Department

M38597

M/nal

THOMAS A. ADAMS, J.P.

FRED T. SANTUCCI

ROBERT J. LUNN

MARK C. DILLON, JJ.

2005-11569 In the Matter of James Mooney, appellant-respondent, v Cheryl Ferone, respondent-appellant. (Docket Nos. V-2264/04, V-2271/04, V-4235/04, V-4432/04)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Family Court, Rockland County, dated November 7, 2005. By order to show cause dated March 10, 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 and cross appeal in the above-entitled proceeding for failure to comply with a scheduling order dated January 23, 2006, issued pursuant to 22 NYCRR 670.4(a)(2). Application by the respondent-appellant to withdraw her cross appeal.

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

ORDERED that the branch of the motion which is to dismiss the appeal of James Mooney is denied; and it is further,

ORDERED that the time of the appellant James Mooney 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 June 19, 2006; and it is further

ORDERED that the application is granted, and the cross appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion is otherwise denied as academic.

ADAMS, J.P., SANTUCCI, LUNN and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court