Matter of Tepe v Freer
Motion No: 2005-12002
Slip Opinion No: 2006 NYSlipOp 67443(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M38586

M/nal

WILLIAM A. MASTRO, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2005-12002

In the Matter of James Tepe, respondent,

v Claudia Freer, appellant.

(Proceeding No. 1)

In the Matter of Claudia Freer, appellant,

v James Tepe, respondent.

(Proceeding No. 2)

(Docket Nos. V-01947-04, V-02263-04)

DECISION & ORDER ON MOTION

Appeal by Claudia Freer from an order of the Family Court, Nassau County, dated November 9, 2005. By order to show cause dated March 20, 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 proceedings for failure to comply with a scheduling order dated January 13, 2006, issued pursuant to 22 NYCRR 670.4(a)(2). Application by the appellant, in effect, to hold the appeal in abeyance.

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 and application are denied; and it is further,

ORDERED that the appellant's time to comply with the scheduling order dated January 13, 2006, is enlarged until May 17, 2006.

MASTRO, J.P., RIVERA, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court