Matter of Pastore v Russo
Motion No: 2005-11305
Slip Opinion No: 2006 NYSlipOp 67253(U)
Decided on April 20, 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

M38592

M/nal

HOWARD MILLER, J.P.

DAVID S. RITTER

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-11305

In the Matter of Linda Pastore, respondent,

v Louis F. Russo, appellant.

(Docket No. O-16951-05)

DECISION & ORDER ON MOTION

Appeal by Louis F. Russo from an order of the Family Court, Suffolk County, dated October 31, 2005. By order to show cause dated March 2, 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 January 4, 2006, 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 comply with the scheduling order dated January 4, 2006, is enlarged until May 15, 2006.

MILLER, J.P., RITTER, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court