Appellate Division: Second Judicial Department

M41141

S/mv

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-03434 In the Matter of Augustine Benoit, respondent, v George Velez, appellant. (Docket No. F-07175-95)

DECISION & ORDER ON MOTION

Appeal by George Velez from an order of the Family Court, Kings County, dated March 2, 2006. By order to show cause dated June 5, 2006, the parties 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 April 19, 2006, issued pursuant to 22 NYCRR 670.4(a)(2). Motion by the appellant, inter alia, to stay enforcement of the order dated March 2, 2006, pending hearing and determination of the appeal.

Now, on the court's own motion and the papers filed in support and in opposition to the appellant's motion, it is

ORDERED that the appellant's motion is denied in all respects; and it is further,

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that pursuant to 22 NYCRR 670.4(a)(2) the appellant's time to comply with the scheduling order dated April 19, 2006, is enlarged until July 5, 2006.

FLORIO, J.P., MASTRO, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court