Appellate Division: Second Judicial Department

M38917

M/nal

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2006-01245 Erik Bjornson, respondent, v Elisabeth Bjornson, appellant. (Index No. 9159/02)

DECISION & ORDER ON MOTION

Appeal by Elisabeth Bjornson from an order of the Supreme Court, Kings County, dated January 13, 2006. By order to show cause dated March 22, 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 February 9, 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, including the appellant's representation that the transcripts have been available since September 2005, 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 May 17, 2006; and it is further

ORDERED that no further enlargements of time shall be granted.

CRANE, J.P., RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court