Matter of Scalone v Gallipoli
Motion No: 2006-06604
Slip Opinion No: 2006 NYSlipOp 78691(U)
Decided on October 27, 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

M46173

M/mv

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2006-06604

In the Matter of Alan Scalone, respondent,

v Victoria Gallipoli, appellant.

(Docket No. V-03426-00)

DECISION & ORDER ON MOTION

Appeal by Victoria Gallipoli from an order of the Family Court, Dutchess County, dated May 19, 2006. By order to show cause dated September 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 July 21, 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, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the appellant's time to comply with the scheduling order dated July 21, 2006, is enlarged until November 15, 2006.

RITTER, J.P., GOLDSTEIN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court