Appellate Division: Second Judicial Department

M47102

S/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-06936 In the Matter of Abraham Stern, appellant, v Rebecca Stern, respondent. (Docket No. F-20809-04)

DECISION & ORDER ON MOTION

Appeal by Abraham Stern from an order of the Family Court, Kings County, dated June 15, 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 August 7, 2006. The appellant's attorney has submitted an affirmation that the transcripts have been received and served on the other parties to the appeal.

Upon the court's own motion and the papers filed in response to the order to show cause, it is

ORDERED that the motion to dismiss the appeal 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 his brief on the appeal is enlarged until January 2, 2007; and it is further,

ORDERED that no further enlargements of time shall be granted.

CRANE, J.P., RITTER, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court