| Matter of Kelly v Smith |
| Motion No: 2005-09791 |
| Slip Opinion No: 2006 NYSlipOp 67430(U) |
| Decided on April 25, 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. |
Appellate Division: Second Judicial Department
M38064
M/nal
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-09791
In the Matter of Jacqueline Kelly, respondent, v Ray Smith, appellant. (Docket No. F-03996-05)
| DECISION & ORDER ON MOTION |
Appeal by Ray Smith from an order of the Family Court, Suffolk County, dated August 24, 2005. By order to show cause dated March 6, 2006, the parties or their attorneys were directed to show cause 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)(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 June 15, 2006.
CRANE, J.P., GOLDSTEIN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court