Appellate Division: Second Judicial Department

M39730

M/nal

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2006-01943 In the Matter of LaTania McFarlane, appellant, v Bryan S. McFarlane, respondent. (Proceeding No. 1) In the Matter of Bryan S. McFarlane, respondent, v LaTania McFarlane, appellant. (Proceeding No. 2) (Docket Nos. V-1696-02, V-1970-02, V-3398-99)

DECISION & ORDER ON MOTION

Appeal by LaTania McFarlane from an order of the Family Court, Kings County, dated February 9, 2006. By order to show cause dated April 13, 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 March 10, 2006, issued pursuant to 22 NYCRR 670.4(a)(2). The appellant received the transcripts on or about April 7, 2006.

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 19, 2006.

SCHMIDT, J.P., SANTUCCI, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court