Appellate Division: Second Judicial Department

M46038

O/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2006-06395 In the Matter of Diane Genender, respondent, v Benjamin Genender, appellant. (Docket No. F-06717-05)

DECISION & ORDER ON MOTION

Appeal by Benjamin Genender from an order of the Family Court, Orange County, dated May 23, 2006. By order to show cause dated September 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 proceeding for failure to comply with a scheduling order dated July 21, 2006. Motion by the appellant to stay all proceedings to enforce the order dated May 23, 2006, pending hearing and determination of the appeal.

Upon the court's own motion, the papers filed in response to the order to show cause, and upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motions are denied; and it is further,

ORDERED that pursuant to section 670.4(a) of the rules of this court (see 22 NYCRR 670.4[a]), the scheduling order dated July 21, 2006, is amended to provide 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 brief on the appeal is enlarged until November 27, 2006.

MILLER, J.P., GOLDSTEIN, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court