Appellate Division: Second Judicial Department

M49124

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2006-09113 In the Matter of Daniel Dobbins, respondent, v Nancy Vartabedian, appellant. (Docket No. V-2596-98)

DECISION & ORDER ON MOTION

Appeal by Nancy Vartabedian from an order of the Family Court, Suffolk County, dated September 12, 2006. By order to show cause dated November 27, 2006, the parties or their attorneys were directed to show cause 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 the scheduling order dated October 5, 2006. Motion by the appellant, inter alia, to stay all proceedings in the above-entitled matter pending hearing and determination of the appeal, for a preference in the calendaring of the appeal, and to waive the filing fee for the motion.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the order to show cause to dismiss the appeal is denied; and it is further,

ORDERED that the branches of the motion which are to stay all proceedings in the above-entitled matter pending hearing and determination of the appeal and for a preference in the calendaring of the appeal are denied; and it is further,

ORDERED that the branch of the motion which is to waive the filing fee for the motion is granted; and it is further,

ORDERED that the appellant shall perfect her appeal on or before February 13, 2007, and the original papers constituting the record on the appeal must be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and her brief on the appeal must be served and filed on or before that date.

CRANE, J.P., RIVERA, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court